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(영문) 대전지방법원공주지원 2020.11.11 2017가합20087
공사대금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The parties 1) The Defendant is a public corporation established pursuant to the Korea Highway Corporation Act, and is the owner of the C Corporation. 2) The Plaintiffs constitute a joint supply and demand organization representing the Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) and concluded a contract for construction works with the Defendant regarding Section 3 among the “C Corporation” with the Defendant.

(Joint Implementation Method and Equity Ratio: Plaintiff A 60%, Plaintiff B 40%). (b)

(1) On June 29, 2009, the Plaintiffs and the Defendant and the Cwork 3 Section (hereinafter “instant construction”).

On December 15, 2009, the first construction contract amount was set at KRW 30,00,000 for the first construction contract amount, and the period of completion was set at December 15, 2009. However, the total construction contract amount was set at KRW 93,256,00,000 for the first construction contract amount, and the total construction contract period was set at KRW 1,500 for the first construction contract from the commencement date ( June 29, 2009) until August 6, 200 ( August 28, 2013).2) The Plaintiffs and the Defendant agreed on September 28, 2009 to increase the construction amount from KRW 30,540,000 for the first construction contract amount to KRW 1,540,000,000 for the first construction contract amount to KRW 1,640,000 for the construction amount, and the contract revision agreement was made on December 15, 2009.

In addition, on January 6, 2010, the Plaintiffs and the Defendant concluded the second year construction contract on the instant construction project. The deadline for completion of the second year construction contract was set as of December 21, 2010, and the total construction cost was not increased, but the secondary construction cost was set at KRW 23,264,00,000.

On December 20, 2010, the plaintiffs and the defendant agreed to increase the construction cost of the second year to KRW 21,194,969,000, and to increase the total construction cost to KRW 96,198,00,000.

(hereinafter referred to as “general contract” with regard to the total construction cost and the total construction period additionally stated in each annual contract, and each annual contract is concluded (hereinafter “the next year contract”). 3 As such, the Plaintiffs and the Defendant set the total construction cost and the total construction period and the budget of the pertinent year.

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