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(영문) 서울중앙지방법원 2019.02.21 2017가합514444
공사대금
Text

1. As to KRW 3,367,017,472 among the Plaintiffs and KRW 2,387,457,401 among the Plaintiffs, the Defendant shall start from July 7, 2015 to March 15, 2017.

Reasons

1. Basic facts

A. The Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company whose business purpose is civil engineering, construction, industrial environmental facilities, electricity, heating, sanitation, machinery, road packaging, and other construction works. The Plaintiff Co., Ltd. (hereinafter “Plaintiff B”) is a company whose business purpose is civil engineering, construction, water supply, heating, and heating works, etc. The Plaintiff Co., Ltd.’s business objective is the company that engages in construction works, etc. for the purpose of developing the entrusted real estate. The Defendant is a company that is entrusted with real estate and its related construction business for the purpose of

B. On August 27, 2013, D and E Co., Ltd. (hereinafter “trustees”) offered a bid to select a new construction project with respect to the “Sized G apartment construction project” (hereinafter “instant construction project”) to be newly constructed in the Filsung City Filwon. On October 21, 2013, the Plaintiffs proposed that they participate as a contractor for the instant construction project to D Co., Ltd. (50% of the Plaintiff’s equity ratio).

Among the proposals submitted by the plaintiffs for participation in construction, the contents of this case are as follows.

3. Table of the standard for commencement on March 2014, 2014, based on the total floor area of construction (excluding balcony expansion) 2,900 Won/pon (3,050 Won/pon when the balcony expansion is included) within 28 months after the details of the classification of the conditions for participation, the completion of the construction period suspension works for the non-fixed construction site;

1. Conditions for estimate;

Ⅱ General matters;

1. The estimate of this case is calculated on the basis of the starting drawings (receiving September 30, 2013), and is a condition precedent to adjust the construction cost when amending the drawings;

3. The construction period has been applied for 28 months after the commencement (the suspension of the site and the completion of re-treatment) and the conditions for adjustment of the construction cost when the construction period has been extended due to a design change and a civil petition for business feasibility.

4. The land shall be subject to a condition to adjust the construction cost in the event that it differs from the contents of the geological survey subsequent to an estimate.

C. On November 25, 2013, the truster selected the Plaintiffs as eligible for preferential negotiations on the construction project of the instant construction project, and around December 2013.

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