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(영문) 인천지방법원 2021.02.16 2020가단209562
공사대금 등 청구의 소
Text

1. The Defendant: (a) against the Plaintiff A, KRW 20,170,782; and (b) KRW 4,731,418 against the Plaintiff B; and (c) against each of the said money, May 19, 2019.

Reasons

1. Basic facts

A. On November 3, 2017, the Plaintiffs and C Co., Ltd. constituted a common water supply unit (hereinafter “instant common water unit”) and entered into a contract for the second construction work with the Incheon Regional Government Procurement Service and the Corporation name “D Corporation,” with the Defendant of the procuring entity, the method of joint performance [31% of the representative Co., Ltd., Ltd., the shareholding ratio C50%, the Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”), and the Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”), the contract amount of the first construction work, KRW 7,493,092,00, the second construction work, KRW 1,846,690,80 on May 4, 2018, and the date of commencement was May 7, 2018, and the date of commencement was December 26, 2013, the total construction work was completed on the date of completion, December 26, 2019.

The total construction amount of KRW 9,339,792,80, the date of commencement, November 30, 2017, the period of construction was 420 days, the total construction period was 420 days, the date of completion, January 23, 2019. Under the general conditions of the construction contract and special conditions of the construction contract, 0.05% of the contract amount for delay, and the construction commencement, supervision, subcontract management, subcontract management, payment of consideration, inspection, disaster prevention measures, acceptance, and defect management, the head of the procuring entity shall be deemed the public official in charge of the contract, except as otherwise expressly provided for matters related to the performance of the contract at the construction site, such as construction site, supervision, subcontract management, inspection, disaster prevention measures, defect management, etc.

In relation to the conclusion of the instant contract for construction works, the contracting parties are expressed as “Defendant”.

The joint supply and demand agreement, etc. entered into a contract for construction works (hereinafter referred to as “instant contract for construction works”) with the terms and conditions of the contract as part of the contract.

B. After the commencement of construction works, the Plaintiffs requested the Defendant to withdraw from common water supply of this case to the Defendant Company C on July 24, 2018, as the grounds such as excessive provisional seizure of claims, excessive payment of materials and maintenance costs, and delay of construction works with respect to the Co., Ltd., which is the cause of the common water supply of this case. The Defendant is above July 25, 2018.

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