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(영문) 서울동부지방법원 2020.11.25 2019가합101760
공사대금
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On July 25, 2011, the Defendant issued a tender announcement stating that the design price (including additional taxes) was KRW 98,957,375,000 with respect to D (hereinafter “instant construction”) and the construction period is KRW 1,500, with regard to D (hereinafter “instant construction”).

B. The Plaintiffs are joint contractors that represent Plaintiff A (hereinafter referred to as “Plaintiff A”) (the Plaintiffs are 50% of the Plaintiff A and Plaintiff B (hereinafter referred to as “Plaintiff B”).

30% and Plaintiff C Co., Ltd. (hereinafter “Plaintiff C”) only

(2) The 20% portion of each share of 20% (hereinafter referred to as “instant joint contractors”) was organized and designated as successful bidders as a result of the participation in the bidding for the instant construction project.

C. On November 9, 2011, the Plaintiffs entered into a contract with the Defendant to set the construction period from November 11, 201 to November 20, 201 with respect to the instant construction work as KRW 5,00,000 with respect to each of the instant construction works, the Plaintiffs stated the total construction period of the overall contract as KRW 1,500 and the total construction period of the overall contract as KRW 71,395,516,334.

A long-term continuing construction contract is a long-term continuing construction contract in which total construction cost is additionally stated and each lot of contracts are concluded within the budget of the year.

After that, the plaintiffs and the defendant concluded a contract for the construction of the instant construction project on seven occasions with respect to the instant construction project, respectively, and entered into a modified contract for the construction project by each number of teas.

The contents are as follows:

(1) The term “the instant construction contract” refers to the term “o-party contract,” and the term “the instant construction contract” as a general term of the first and the seventh contracts. Meanwhile, the Plaintiffs and the Defendant concluded each contract between the Plaintiffs and the Defendant, upon setting the period of suspension of construction works, excluded from the contract period, and the other party to the contract does not claim additional costs during the period of suspension of construction works, and complete preparation of disaster sites and on-site adjustment.

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