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(영문) 서울중앙지방법원 2021.01.27 2020가합535427
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On December 31, 2007, the Plaintiff entered into a contract for construction works (i.e., contract amount of KRW 235,202,847,00, total construction additional amount of KRW 235,202,847,00, contract deposit amount of KRW 10% (payment at the time of the conclusion of this contract) with C Co., Ltd. (hereinafter referred to as “stock company”) and D’s joint supply and demand body with D (where a stock company is included in its trade name, the term “stock company”). The Plaintiff entered into a contract for construction works (a) as of December 31, 2012 (i.e., contract amount of KRW 235,202,847,00).

On December 31, 2007, the following terms and conditions of the contract are stipulated as follows, and only one copy of the general terms and conditions of the contract for private construction works and one of the special terms and conditions of the contract are attached thereto:

(A) This contract is valid after the determination of the cost of work resulting from the implementation design and until the conclusion of this contract.

At the time of concluding this contract in the future, it shall be concluded by applying the contract rate of 87% to the determined design amount.

At the time of the conclusion of this Agreement, matters not specified in the agreement shall be determined by agreement, and shall be applied mutatis mutandis to "general terms and conditions of the contract for private construction works".

If the conclusion of this contract is delayed more than the commencement date of the construction work, preparation, etc. for the commencement may be conducted through mutual consultation.

The resolution of the 10th Council (20 December 20, 07) shall be followed, such as whether the joint participation of business entities in the area ( Gangwon-do) and the amount of price fluctuations are reflected, etc.

B. On July 30, 2008, the Plaintiff’s joint supply body with C, D, I, J, and K indicated as the Defendant and E Formation Corporation (the cover of civil engineering contract includes landscaping, reclamation site, and waste disposal work in addition to civil engineering work). However, the outline of the attached construction works include landscaping, reclamation site, and waste disposal work as well as civil engineering work.

(hereinafter “instant construction work”) with respect to the contract amount of KRW 205,725,300,00, total construction amount of KRW 235,202,847,000, total construction amount of KRW 235,202,847,00, contract amount of contract deposit, 10% of the contract amount of contract deposit, and F at the site cost.

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