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(영문) 서울고등법원 2016.09.13 2015나2062911
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. 1) On December 10, 2010, the Defendant: (a) construction works to raise the embankment of the agricultural reservoir located in the Jinan-gun, Namwon-si, and Jinan-gun, Jin-gun (hereinafter “instant construction works”); and (b) the instant construction works.

(2) The instant construction project consists of three expansions of reservoirs as a long-term continuing construction project, increase and expansion of reservoirs, construction of snow-proof roads, etc., and construction of long-term continuing construction projects. The construction project consists of the construction project in the south-west area located in the south of North Korea (hereinafter referred to as the “Seoul-west area construction”), the construction of the transportation zone located in the south of North Korea (hereinafter referred to as the “transport zone construction”) and the construction of the old village area located in the south of North Korea (hereinafter referred to as the “nan village area construction”).

B. The plaintiffs' participation in the plaintiffs' tender and the selection of the person qualified for working plans (hereinafter referred to as "stock company" is omitted, and the plaintiffs Gap and Eul, the joint management of the plaintiff rehabilitation company, U.S., a joint management of the plaintiff rehabilitation company, share of 100% for electrical construction and fire fighting works. In the case of civil construction and fire fighting works, the plaintiff Eul and Eul participated in the bidding and selected as the person qualified for working plans by participating in the bidding.

C. On April 20, 201, the Defendant entered into a contract for the instant construction project with the Plaintiffs on April 20, 201, stipulating that the total construction cost of the instant construction project shall be KRW 50,160,000,000 and the total completion period shall be December 31, 2012; however, the construction cost of the instant construction project shall be KRW 6,00,000,000 for the first type of vehicle, and the completion period shall be determined by December 31, 2011; 2) the Defendant entered into a contract for the said construction project with the Plaintiffs on March 5, 2012, stipulating that the construction cost of the instant construction project shall be KRW 40,747,736,00,00 as to the instant construction project.

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