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(영문) 서울중앙지방법원 2019.08.29 2017가합589714
공사간접비
Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A (hereinafter “Plaintiff A”) and B (hereinafter “Plaintiff B”) constituted a joint supply and demand organization with a share ratio of 90% for Plaintiff A and 10% for Plaintiff B. On November 9, 2009, the total cost of C national highways construction works (hereinafter “instant construction works”) with the Public Procurement Service affiliated with the Ministry of Land, Infrastructure and Transport (Demand Agency: the Ministry of Land, Infrastructure and Transport) (hereinafter “Demand Agency”) was KRW 75,098,922,00, and the total construction period was from November 10, 2009 to October 14, 2014 (1,800 days) and each of the instant contracts for construction works (hereinafter “long-term continuing construction contracts”). From November 10, 2009 to October 10, 2014, each of the instant contracts for construction works was concluded with a joint supply and demand organization with a view to 1,750,000,000 won for each of the instant construction works (hereinafter “the instant contracts”).

B. After that, until completion of the instant construction project, the Plaintiffs and the Defendant modified the terms and conditions of the overall contract and the respective number of contracts several times. The specific contents are as follows.

(1) Each of the initial contracts and amendments thereto is referred to as "the initial general contract", "the initial general contract", "the initial contract", "the multiple initial contract", and "the multiple-use contract"). The first contract period (one) shall be the number of days of the completion of the construction work (one day) November 09, 209, the initial contract for the first 75,098,922,000 on November 10, 2009, and the first 1,80,750,000,000 on October 1, 2014, 200 on November 10, 2009, 200 on November 10, 2009, 200 on May 10, 2010, 2000 on May 30, 2009, 2000 on December 11, 2009, 2001 on May 1, 2009, 2013

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