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(영문) 대전고등법원 2018.11.28 2018나13002
공사대금
Text

1. Revocation of the first instance judgment.

2. All plaintiffs' claims are dismissed.

3. Total costs of litigation are assessed against the Plaintiffs.

Reasons

1. The reasons why this court shall state this part of the facts of recognition are as follows: (a) the number of vehicles in the fourth table of the judgment of the court of first instance is as stated in the corresponding part of the grounds of the judgment of the court of first instance (the date of the contract), the classification (the date of the contract), the first alteration contract (the date of April 10, 2013), and the corresponding column of the total construction price (the date of 519,826) as “((619,826),” and the second alteration contract (the date of the contract) as “the third alteration contract (the date of February 3, 2015)” and “the second alteration contract (the date of the contract)” as “the second alteration contract (the date of December 18, 2015). Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The grounds to be stated in this part of the parties’ assertion are as stated in the corresponding part of the grounds of the judgment of the court of first instance (from No. 5 to No. 12 to No. 68), except that the construction period under No. 6 of the judgment of the court of first instance is "the total construction period" as "the total construction period". Thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure

3. Determination

A. 1) The former Act on Contracts to Which the State is a Party (amended by Act No. 11377, Mar. 21, 2012; hereinafter the same shall apply), irrespective of whether it was later amended, is “State Contract Act”.

Article 21 provides, “The head of each central government agency or the public official in charge of contracts may conclude a long-term continuing contract, as prescribed by Presidential Decree, where it is necessary to continue to maintain a contract for several years in its nature, such as the supply of electricity, gas, and tap water, or any other contract that requires years to be implemented. In such cases, he/she shall require the performance of

In addition, Article 69(2) of the Enforcement Decree of the State Contracts Act provides that a long-term continuing construction contract shall include the total construction cost determined by a successful bid, etc. and enter into a contract to perform the first construction project within

In such cases, the contract amount under Articles 64 through 66 of the total cost additionally stated shall be the contract amount after the second construction project.

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