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(영문) 광주고등법원 2020.01.15 2018나24850
공사대금
Text

1. The judgment of the first instance, including the ancillary claims added by this court, shall be modified as described in paragraph 2.

2...

Reasons

1. Basic facts

A. On September 19, 2007, the Defendant issued a public notice of tender stating that the design price (including additional taxes) was KRW 128,548,673,00 with respect to the national expressway C construction work (hereinafter “instant construction work”) (hereinafter “instant construction work”) and the period was 2,100 days.

B. The Plaintiffs constituted a joint supply and demand unit (80% of the total supply and demand ratio of Plaintiff A, and 20% of the total supply and demand ratio of Plaintiff B) in the method of joint performance, and were designated as a successful bidder by participating in

C. On December 18, 2007, the Plaintiffs stated the construction period of the instant construction project from December 20, 2007 to December 21, 2007 as KRW 1,000,000 as to the instant construction project with the Defendant and the instant construction project, and entered into each contract with the construction cost of KRW 1,00,000, the total construction period of the overall contract was 2,100, and the total construction cost was 82,054,324,000.

This contract is a long-term continuing construction contract with an additional statement of total construction cost and a long-term continuing construction contract within the budget of the year.

After that, the plaintiffs and the defendant concluded a contract for construction work by the number of teas, respectively, on eight occasions with respect to the instant construction work, and concluded a modified contract for the construction work by the number of teas. The main contents are as follows:

(2) The Plaintiffs and the Defendant concluded the instant construction contract with the term “instant construction contract” as stated in the table or other column, and set a suspension period by adding to the special terms that “the period of suspension of construction works is excluded from the contract period, and the Plaintiffs do not claim additional costs during the contract period, and the responsibilities are against the Plaintiffs when a disaster or civil petition occurs due to insufficient prior measures,” while concluding the instant construction contract with the Plaintiffs and the Defendant.

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