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(영문) 광주고등법원 2018.09.07 2017나12416
약정금
Text

1.The judgment of the first instance, including the intervention in proceedings and the intervention in succession at the trial, shall be modified as follows:

Reasons

1. Facts of recognition;

A. 1) The Ministry of National Defense, on December 29, 2006, newly constructed 200 households and 5 military base facilities in five areas, including the Cheongyang-ri 311, Gangwon-do, Kim Jong-gun, Gangwon-do, and the Ministry of National Defense (hereinafter “instant project”).

2) The Kim Jong-hwan Co., Ltd. (hereinafter only referred to as the “Glaver”) ordered the instant project, and the public-private partnership corporation established pursuant to Article 14 of the Act on Public-Private Partnerships in Infrastructure by the Nam Young Construction Co., Ltd. (hereinafter referred to as the “Glaver Construction”), the Plaintiff Jeon Young-gu Construction Co., Ltd. (hereinafter referred to as the “Seoul Young-gu Construction”), the construction of a new house, the construction of a new house, the construction of a two-day construction (the trade name before the modification is changed to the current trade name as of January 8, 2015), and the Defendant, etc. (hereinafter the above six companies, etc.) (hereinafter referred to as the “instant joint-private partnership”), to perform the instant project.

3) On April 29, 2009, Kim Jong-hwan concluded a concession agreement on the instant project with the Ministry of National Defense, which was designated as the implementer of the instant project. (b) On August 28, 2009, Kim Jong-hwan and joint contractors of the instant joint contractors (hereinafter “instant construction”) concluded a contract with the Ministry of National Defense for construction works of the instant project. On August 28, 2009, Kim Jong-hwan concluded a contract with the instant joint contractors by setting the construction cost of KRW 59,378,297,00 (including value added tax) for construction works of official buildings and barracks facilities for the instant project (hereinafter “instant joint contractors”), and the period from September 1, 2009 to May 1, 2011 as follows.

The other party to a contract and each construction project in the south of the construction ratio: 30% of the counter-party to the contract / 15% of the Plaintiff New-top Construction / 20% of the Plaintiff Yang Il-top Construction / 10% of the Plaintiff Yang Construction / Defendant 10% of the Defendant / 5% of the Dong-top Construction Co., Ltd. (hereinafter “Dong-top Construction ”) / 5% of the Plaintiff Seoju Construction 5% of the Plaintiff Seoju Construction 5% of the Ptop Engineering Certified Co., Ltd. (hereinafter “Stop”) “Contracting” means a project operator and this contract.

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