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(영문) 서울동부지방법원 2016.12.16 2015가합111110
설계비 청구
Text

1. The Defendant is the Plaintiff’s legal administrator A of the Plaintiff’s Rehabilitation Company EEXE Construction Company (382,580,000, and the Plaintiff.

Reasons

1. Basic facts

A. From November 16, 2012 to the 20th day of the same month, the Defendant conducted an electronic bid with regard to construction works for the Saemaul Movement Gu Park creation Project (hereinafter “instant project”) with a total of 245,697 square meters in the project site in the Gu, Si, Gu, Si, Si, 50-6,00,000, under the Act on Contracts to Which a Local Government is a Party (hereinafter “Local Contract Act”), and under the Enforcement Decree of the same Act, with regard to the scheduled construction cost as KRW 5 billion (including value-added tax), and with regard to the design and construction work as a package deal project (Turn-Ky Ba).

B. EE X Construction Co., Ltd. (hereinafter “STX Construction”), prior to the commencement of rehabilitation procedures, on May 8, 2013, without distinguishing the former and the latter, shall be deemed to be its representative and the joint supply and demand company (hereinafter “joint supply and demand company”) (hereinafter “Plaintiff STX”), together with the Plaintiff C&X Construction Co., Ltd., Ltd., Sungnam Construction Co., Ltd., Sungwon Construction Co., Ltd, Sejongwon Construction Co., Ltd., Ltd., and gold Industry Co., Ltd. (hereinafter “Co., Ltd.”). The management manager A (hereinafter “Plaintiff STX manager”).

) After organizing the above plaintiffs collectively, the bid amount was determined as KRW 54.5 billion, and the bid amount was determined as successful bidder as a result of participating in the tender.

C. Accordingly, on October 4, 2013, joint contractors concluded a contract on construction cost of KRW 21.9 billion (including value-added tax) and construction period of October 10, 2013 to October 9, 2014 (hereinafter “instant contract”) for the primary construction works for the instant project (hereinafter “instant construction works”) with the Defendant, and the instant construction works were undertaken.

(e) Each share of the plaintiffs, who are members in the joint supply and demand organization, shall be 37% of the STX Construction, 10% of the respective shares of the plaintiffs, 20% of the total construction, 10% of the plaintiffs, 23% of the construction, 23% of the plaintiffs, and 3% of the financial industry.

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