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(영문) 서울고등법원 2019.10.25 2018나2044594
공사대금
Text

1. Of the judgment of the first instance, the part against the Defendant Seoul Special Metropolitan City is modified as follows.

Defendant.

Reasons

1. Basic facts

A. 1) The Plaintiffs (hereinafter “Plaintiff A”) concluded a contract for work.

The 'E Corporation' ordered by the Public Procurement Service affiliated with the defendant's Republic of Korea (hereinafter referred to as the 'E Corporation') consisting of joint contractors with the representative company (50% of the shares of the plaintiff A, 40% of the shares of the plaintiff B, and 10% of the shares of the plaintiff C Corporation).

The plaintiffs and the defendant Republic of Korea (the Government Procurement Service) ordered the construction of this case by participating in the bidding of the procuring entity. (2) Accordingly, on December 2, 2009, the contract amount of the construction of this case was determined as KRW 193.25 billion from the total amount of the construction work, KRW 10.5 billion from June 15, 2010 to the total amount of the contract amount of compensation for delay, Defendant Seoul Government Water Supply Service headquarters of the procuring entity; the date of commencement; January 4, 2009; the total date of completion; and January 6, 2015; and the long-term contract for long-term contract and construction and package deal tender (Turn-Ky Bse); and the contract amount of the contract amount of KRW 1.74 million from December 2, 2009; and the contract amount of compensation for delay was concluded by 0.1% from June 15, 2010 to each annual unit of contract.

(hereinafter referred to as “instant annual contract,” and the construction work therefrom is referred to as “the instant tea contract,” and the construction work is referred to as “the instant instant contract,” in case where all the instant contracts concerning the instant construction work are referred to as “the instant contract”). The parts related to the instant case are as follows: (a) the general terms and conditions of the instant contract, such as the construction contract, package deal tender contract, and the special terms and conditions of the tender guide “3.3 E-construction contract.3”

[General Conditions of Construction Contract] Article 3 (Contract Documents) (1) Contract documents shall be composed of contracts, design documents, relics, general conditions of construction contract, special conditions of construction contract and calculation sheets, and shall have the effect of mutual supplementation.

However, the statement of calculation shall have the effect of the contract document as applicable to the adjustment of the contract amount and the payment of the price for the completed portion as prescribed by this condition.

Article 25 (Compensation for Delay)

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