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(영문) 전주지방법원 2018.04.25 2016가합1891
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant entered into the instant overall contract and the first contract 1) on November 10, 2004 (hereinafter “instant construction”)

(D) A public notice of tender was given to the Company D (hereinafter “D”).

(2) On December 23, 2004, the Defendant and the instant construction work, set the construction period of a long-term continuing contract between December 24, 2004 and December 31, 2004, and set forth as KRW 111,915,520 of the construction cost as KRW 111,915,520 of the construction cost (Evidence B-2, No. 12 of the construction cost) and additionally stated the total construction period from December 24, 2004 to December 31, 201.

(2) The Plaintiff and the Defendant included the general terms and conditions of the instant construction contract (hereinafter “general terms and conditions of the instant construction contract”) as stated in the attached Form at the time of the conclusion of the said contract as to the total construction cost and the total construction period.

3) As to the instant construction project, the Plaintiff jointly and severally guaranteed the execution of D, the contractor. B. The execution of annual contracts and the amendment to the terms of the contract, as seen above, concluded the first contract and concluded each annual contract with the Defendant after the commencement of the instant construction project (hereinafter referred to as “the next annual contract”).

) During the instant construction project, each annual contract was entered into with the content of each annual contract as indicated below (hereinafter each amendment contract is specified as “the next amendment”) on the grounds of design change, price fluctuation, increase in the budget for the relevant year, etc., and each annual contract is referred to as “the next annual contract (final amendment)” and each annual contract is referred to as “the next annual contract (final amendment).”

[3] On March 8, 2007, D and the Defendant and the construction period from March 8, 2007 to November 30, 2007, and the construction amount of KRW 1,99,815,000 was determined as KRW 1,99,815,00.

2..

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