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(영문) 대전고등법원 2015.06.10 2014나1476
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The status of the parties is a corporation that has its head office at the time of astronomical work with the main purpose of an engineering work business, building work business, etc.

On the other hand, the defendant is a person engaged in the construction business by establishing a personal business entity in the name of "C (hereinafter referred to as "the defendant" for convenience") at the time of strike.

B. On August 27, 2008, the Sinsung City shall make a public announcement that, through the Incheon Regional Government Procurement Service, the tender of the “D Intersection (hereinafter “instant construction project”) improvement project” (hereinafter “instant public announcement of tender”), the main contents of which are as indicated in [Attachment 1] as of August 27, 2008, are as follows (hereinafter “instant public announcement of tender”), and the subsequent tender is as “instant tender.”

2) According to the public notice of the instant tender, the Defendant, who has a principal place of business in Gyeonggi-do, participated in the instant tender by sharing it with the Plaintiff, as a joint performance method, with the new passenger electricity corporation (hereinafter “new electricity”).

3) As a result, on October 8, 2008, the Plaintiff, the Defendant, and the New Passenger Electricity were selected as a joint contractor by winning a contract with the total construction period from November 3, 2008 to October 23, 2010. The contract amount of 1,00,000,000 won and the construction period from November 3, 2008 to January 31, 2009 was determined as the contract amount for the first minute from November 3, 2008 to the period from November 31, 2009; and the contract amount of 1,95,000,000,000,000 won for the second minute from June 111, 2009 to the period from October 23, 2001.

The construction of this case shall additionally state the total construction cost determined by the successful bid for long-term continuing construction projects, and enter into a contract for the first-minute construction project within the scope of the budget for the relevant year, and the amount calculated by deducting the amount already contracted from the total construction cost additionally stated for the construction works after the second-minute.

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