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(영문) 서울고등법원 2020.12.18 2018나2066570
공사대금
Text

1. The judgment of the first instance, including any claims modified and added by this court, shall be modified as follows:

The plaintiffs.

Reasons

1. Basic facts

A. A. A contract for a construction project between the Plaintiffs and the Defendant is a public corporation established pursuant to the Korea Highway Corporation. On April 16, 2009, the Defendant: (a) divided the “D construction work” into 11 sections in total; (b) made a public announcement of tender for each construction work into a long-term continuing construction period of 1,500 days; and (c) made a public announcement of tender with the purport that each construction work shall be implemented by means of a tender, etc. with the construction period of 1,50 days; (b) Plaintiff A and Plaintiff B constituted a joint supply and demand company (investment ratio: Plaintiff A63%, Plaintiff B37%) with the representative of Plaintiff A; and (c) participated in the tender for the “D construction project” as a successful bidder

3) Accordingly, around June 29, 2009, the Plaintiffs determined the contract amount of KRW 30,000,000 for the instant construction project with the Defendant and the instant construction project, as of June 29, 2009; the date of completion; and December 15, 2009, respectively. The total construction cost of KRW 111,293,602,04; and the total construction period of KRW 1,500 shall be additionally stated; and the former Act on Contracts to Which the State is a Party (amended by Act No. 11377, Mar. 21, 2012; hereinafter “former State Contracts Act”).

() A long-term continuing construction contract under Article 21 was concluded (hereinafter “instant overall contract”). The instant overall contract and each annual contract as seen below are collectively referred to as the “instant construction contract,” and each annual contract are referred to as “number of annual contracts”. Each annual contract is referred to as “number of annual contracts.”

4) The main contents of the general conditions of the instant construction contract (hereinafter “instant general conditions”) and the special conditions (I) (hereinafter “instant special conditions”) are as shown in attached Table 1.

B. 1) The Plaintiffs and the Defendant concluded an annual contract and an amendment thereto on seven occasions after concluding the instant construction contract. The main contents are as follows. 2) Meanwhile, the Plaintiffs and the Defendant concluded a three-dimensional contract.

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