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(영문) 서울중앙지방법원 2021.01.27 2018가합588091
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. On March 2013, the Public Procurement Service, an agency affiliated with the Defendant Republic of Korea, issued a public tender for construction works “City/Do B Road Prediction & Packing Corporation (hereinafter “instant construction works”)” to expand and pack roads in the section from Y to D Ri in the existing City/Do B, upon the request of the Defendant C, at the request of the Defendant B, and the Plaintiff was selected as a successful bidder. The Plaintiff held 51% of the E Co., Ltd and the Plaintiff, E Co., Ltd., 49% of the shares, E Co., Ltd., and the Plaintiff’s representative (hereinafter “instant joint physical grade”).

2) On May 9, 2013, Defendant Republic of Korea and the Republic of Korea entered into a contract with Defendant 1,080 days (the completion date) of the overall construction period of the instant construction project, which is the demanding administrative agency of the instant construction project, by adding the total construction period to KRW 34,715,371,508, and the total construction period of the instant construction project to KRW 34,715,508. From May 15, 2013 to May 3, 2014, the first water supply contract period of the instant construction project was determined as KRW 7,296,657,00 (hereinafter “the instant construction contract”). The main contents of the instant construction contract are as follows:

[Standards for Local Government Bidding and Execution of Contracts] Part 1 Operation of Public Works Non-Life Insurance Section 5 of Standards for Bidding and Execution of Contracts

1. Where deemed necessary to conclude a contract pursuant to Article 55 (1) of the Enforcement Decree, a contracting officer based on insurance may subscribe to a non-life insurance or have the other party to the contract subscribe to a non-life insurance, and shall comply with this Section at the time of subscribing to a non-life insurance contract;

2. A bridge (1) subject to insurance coverage (50m or more between columns or at least 500m in length).

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