(영문) 서울동부지방법원 2020.12.09 2016가합106559

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(영문) 서울동부지방법원 2020.12.09 2016가합106559

공사대금

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All of the plaintiffs' primary claims and conjunctive claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On April 16, 2009, the Defendant issued a tender announcement stating that the design price (including additional taxes) shall be KRW 217,464,632,00 with respect to C (hereinafter “instant construction”) and the construction period shall be KRW 1,500 with regard to the construction work.

B. The Plaintiffs organized a joint supply and demand organization (the Plaintiff A and Plaintiff B participated in each share of 50%; hereinafter “instant joint supply and demand organization”) with the representative of Plaintiff A as a successful bidder as a result of the participation in the bid for the instant construction project.

C. On June 29, 2009, the Plaintiffs stated the construction period of the instant construction project from June 29, 2009 to December 15, 2009 as KRW 30,000,000 as to the instant construction project, and entered into each contract with the Defendant, that the total construction period of the overall contract was 1,500,000, and the total construction amount was 163,296,000,000.

A long-term continuing construction contract is a long-term continuing construction contract in which total construction cost is additionally stated and each lot of contracts are concluded 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 seven occasions for 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 a three-dimensional contract and concluded a three-dimensional contract with respect to each of the following items: (a) the period of suspension of construction works is excluded from the contract period; (b) the other party to the contract does not claim additional expenses during the period of suspension of construction works; and (c) the party to the contract is thoroughly responsible for the preparation of disasters in the construction site and on-site adjustment, and for the occurrence of disasters and civil petitions due to lack of prior measures.

In addition, the suspension period is each time when concluding the four to seven contracts.

유사 판례

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-서울동부지방법원 2020.09.16 2017가합109654

-서울동부지방법원 2020.11.11 2017가합106327

-서울중앙지방법원 2021.02.03 2018가합561041