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Reasons
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(영문) 대구지방법원 2019.01.25 2016가합207519
공사대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 22, 2013, the Defendant (a competent authority: the Armed Forces Finance Management Body) announced the announcement of the following with respect to the construction of facilities related to the C Safety Distance Reduction Project located in Daegu (hereinafter “instant construction”).

Bid announcement

2. Matters referred to the tender;

(a) Construction name: Construction of new D new construction facilities (E);

(b) The scope of construction: 00 facilities construction (referring to a bill of quantity);

(c) Construction expenses: 6,223,640,00 won (per 5,657,854,545 won) (1) 2013: 98,78,00 won (2) 2014: 6,124,862,00 won after 2014;

(d) Contract term: From the contract date to 240 days (the first number: the contract date to December 20, 2013);

B. On November 14, 2013, with respect to the instant construction project, the Plaintiff entered into a contract for construction works with the Defendant for the first contract amount of KRW 98,778,00, the total construction amount of KRW 5,184,051,00, and the date of commencement, November 14, 2013, the date of completion, December 20, 2013, and the total contract period of the construction works from November 14, 2013 to July 11, 2014 (hereinafter “instant contract for construction works”; and, in cases of specifying the number of vehicles, the “instant contract for construction works”).

C. The Plaintiff and the Defendant modified the instant construction contract several times, and the major changes are as listed below.

On November 14, 2013, evidence 1: 98,78,00 won for total construction period of 5,184,051,00 won for the term of gold contract from November 14, 2013 to December 11, 2013; 5,184,00 won for the total contract period of 14 to July 14, 2013: 5,184,051,000 won for the total contract period of 10. 1. 1. 2. 1. 1. 2. 7. 1. 1. 2. 8, 208,78,000 won for the total contract period of 1. 4. 2. 1. 7. 1. 2. 1. 7: 1. 1. 8,07,000 won for the total contract period of 5,085,2705,000 won for the contract period of 2.

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