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(영문) 인천지방법원 2020.04.14 2015가합51346
도급계약해지 무효확인등
Text

1. The Defendant’s KRW 1,198,247,255 to the Plaintiffs, and KRW 6% per annum from December 25, 2015 to April 14, 2020.

Reasons

1. Basic facts

A. 1) The Defendant is a corporation established pursuant to the Korea Environment Corporation Act for the purpose of contributing to environmental-friendly national development by efficiently promoting projects to prevent environmental pollution, improve the environment, and facilitate recycling of resources. 2) The Defendant entered into an agreement on February 10, 2006 with the Defendant’s Intervenor on the charge of the project cost and the settlement of civil petition matters for the implementation of the project (hereinafter “instant project”) with the Defendant’s Intervenor on February 10, 2006, in order to carry out the project to install Esito sewage treatment facilities (hereinafter “instant project”). The Defendant entered into the entrustment agreement with the Defendant’s Intervenor on the charge of the project cost and the settlement of civil petition matters, and the Defendant’s order for the design of the said project

3) From June 2006, the Defendant started work regarding the validity of the above project and the formulation of the basic plan, and completed the formulation of the project plan on December 16, 2012 after the review for a long period of time and expert advice. B. The Defendant and the Plaintiffs entered into a contract for construction work between the Defendant and the Plaintiffs on January 4, 2013. The Defendant announced the public announcement of the instant construction work on January 4, 2013, and the Plaintiffs as the representative of the Plaintiff Company A (hereinafter “A”), thereby participating in the joint supply and demand (the Plaintiff Company A shall be 50%, the Plaintiff Company B, and the Plaintiff Company D shall participate in each share ratio of 20%, and the successful bidder was determined as the successful bidder.

2) On June 21, 2013, the Plaintiffs entered into a contract for construction works with the Defendant for the first term during the instant construction works from June 21, 2013 to November 20, 2013 with respect to the construction works, and thereafter, entered into a long-term continuing construction contract for construction works (hereinafter referred to as “instant contract for construction works”) with the period from June 21, 2013 to November 20, 2013, total construction cost of KRW 16,79,000,000 on December 24, 2013, total construction period of KRW 31, 2013 to August 31, 2014 (hereinafter referred to as “instant contract for construction works”).

(c) The details of the progress of the instant construction are as follows. (1) The complaints filed by local residents relating to the instant construction.

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