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(영문) 수원고등법원 2020.12.24 2020나17524
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is the same as the ground of the judgment of the court of first instance, except for the dismissal, addition, or deletion as set forth in the following paragraph (2). Thus, it is acceptable to accept this as it is in accordance with the main sentence of

2. In the second part of the judgment of the first instance, the following shall be added to “a modified contract” in the second part of the judgment of the second instance:

“The representative director of the Plaintiff, the F, and G Co., Ltd., of the instant joint supply and purchase contract under which construction cost is reduced to KRW 28,487,00,00 (including value-added tax) on April 27, 2016, shall be the members of the Defendant. The Defendant’s partial senior members raised an objection that the Plaintiff et al., in collusion with the Defendant’s representative at the time of the tender process of the instant joint purchase and purchase contract, was selected as a successful bidder at a high price. After the investigation by the investigative agency, the Plaintiff’s representative director and E representative director and the Defendant’s representative at the time of the instant joint purchase and purchase contract were indicted due to the interference with bidding (U.S. District Court Decision 2015No4063), following the agreement that the Plaintiff’s representative director and E representative director at the time of the instant joint purchase and purchase organization and the Defendant shall reduce the construction cost in KRW 1.40,000,000. After that, the Plaintiff’s representative, and E representative and the Defendant’s representative were convictedd by bidding.

“The contract amount(s) by type of work (public works, construction, landscaping, and machinery) E-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Part VI of the judgment of the court of first instance is "Chob".

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