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(영문) 서울중앙지방법원 2018.01.10 2016가합572269
공사대금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Urban Railroad Headquarters under the Defendant Incheon City City’s Urban Railroad Construction Co., Ltd. (hereinafter “instant construction”) shall construct the Incheon Urban Railroad Co., Ltd. (hereinafter “instant construction”) with 205 construction sections for the Incheon Urban Railroad Co., Ltd. (hereinafter “instant construction”).

(2) The Public Procurement Service requested the conclusion of the contract, and the public procurement service, as a package deal project method for design and construction, announced the tender of the instant construction project. 2) The public procurement service organized a joint procurement organization that performs the design and construction sector by sharing the joint construction sector, and participated in the bid of the instant construction project, and was selected as an eligible person.

Accordingly, on July 16, 2009, 11 companies, including Plaintiff SP, entered into a contract for construction works (hereinafter “instant contract”) with the Public Procurement Service for the contract amount of KRW 93,078,000,000 with respect to the instant construction works and the construction period from July 21, 2009 to December 21, 2014.

B. In order to perform the construction sector among the instant construction works, the Plaintiffs and CEL organized a joint supply and demand organization separately by setting the ratio of investment to the portion of the joint supply and demand organization organized by the Plaintiffs on December 2, 2014 to 40% for the execution of the instant construction works, the Plaintiff Samsung Heavy Industries, 30% for the Plaintiff, 10% for the Plaintiff, 10% for the Plaintiff, 10% for the construction of wind, 10% for the Plaintiff, and 30% for the joint supply and demand organization. Accordingly, CEL withdrawn from the joint supply and demand organization on December 2, 2014. Accordingly, the final share ratio of the said joint supply and demand organization was changed to 50% for the Plaintiff Samsung Heavy Industries, 30% for the Plaintiff,

(The representative of the above joint contractors shall be the plaintiff Ss. Construction, and in this case the above joint contractors shall be referred to as the "joint contractors of this case."

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