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(영문) 서울중앙지방법원 2020.08.19 2017가합522056
공사대금
Text

1. The Defendant: 1,582,322,313 won to Plaintiff A Co., Ltd.; 1,332,481,948 won to Plaintiff B Co., Ltd.; and 3.

Reasons

1. Basic facts

A. 1) On November 30, 2004, the Defendant entered into a contract for the instant construction project (hereinafter “instant construction project”) with the F Nowon-gu Construction Project on November 30, 2004

(2) The Plaintiffs constituted a joint supply and demand organization (hereinafter “instant joint supply and demand organization”) with the representative of Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”). The share ratio of the joint supply and demand organization in this case is 38%, Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) 32%, Plaintiff C Co., Ltd. (hereinafter “Plaintiff C”) 20%, and Plaintiff G Co., Ltd. (hereinafter “Plaintiff G”) 10%.

The joint contractors of this case participated in the bidding of the construction of this case, and the defendant selected the joint contractors as successful bidders on November 27, 2006.

3) On December 26, 2006, the instant joint contractor entered into a contract for construction works with the Defendant for a long-term continuous period of time from December 26, 2006 to December 26, 201, with regard to the total construction cost of the instant project, including the total construction cost of KRW 165,132,00,000,000, and the total construction period of the construction project period of December 26, 2006 (general terms of the contract for construction works) (see Article 19 (Adjustment of the Contract Price Following Modification of Design) (1) The contracting officer shall adjust the contract price according to the following standards if any increase or decrease occurs in the construction volume, such as a change in the construction method of design modification or in input materials:

The term "new items" shall be referred to as "new items"

(i)The unit price shall be determined at the time of the modification of the design (where the design drawing needs to be modified, when the agency awarding the contract determines the modified drawing and when the design drawing is not required to be modified.

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