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(영문) 광주지방법원 2015.11.05 2015가합2302
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On September 10, 2009, the Office of Education of Jeollabuk-do, as the parties concerned, issued an order to construct a new C Elementary School and extend D elementary school at the time of the preceding week to private investors on September 10, 2009 (hereinafter referred to as the “instant construction”). On September 10, 2009, the Office of Education of Jeollabuk-do, issued an order to construct a new infrastructure (hereinafter referred to as the “public-private partnership project”) with the content of leasing the infrastructure after having the private sector invest funds, and then to build a new infrastructure (BL BL BL - Ttil - Ttild) and to lease the infrastructure to the State or a local government, and ordered the construction project (hereinafter referred to as the “public-private partnership project”), and the Plaintiff, Yong Young-gu Construction Co., Ltd. (hereinafter referred to as the “D&D construction”) and the construction project (hereinafter referred to as the “construction project”) and the joint-private partnership project (hereinafter referred to as the “public-private partnership project”).

B. Each of the instant construction companies, including the establishment of a joint venture, was a joint venture for performing the instant construction project on October 27, 2009, including the submission of a project plan, the designation of a priority bidder, and the designation of a project implementer. A joint venture for the instant construction project was established as a joint venture for the remaining construction. A joint venture for each of the instant construction companies (i.e., the remaining construction shares; 36% of the Plaintiff’s shares; 25% of the petition construction shares; 24% of the petition construction shares; 15% of the light construction shares; hereinafter “joint venture”), and a joint venture for the construction project entered into a concession agreement with the Office of Education of Jeollabuk-do and the instant Office of Education on January 27, 2010.

C. On February 15, 2010, 16,551,954,000 won (design machine 483,571), the contract amount between the construction company and the joint contractor of the instant case, as well as KRW 16,551,954,00,00 for the instant construction project between the joint contractor and the construction company of the instant case.

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