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(영문) 서울고등법원 2019.10.18 2017나2058732
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On October 2010, the Public Procurement Service: (a) around October 2010, upon the Defendant’s request, entered into a contract and entered into a contract; (b) the Section D (hereinafter “instant construction”).

As to the expected construction amount, KRW 142,740,896,00 (including value-added tax) was determined as long-term continuing construction period within 1,096 days from the commencement date of the construction, and the tender notice was made by means of bidding with details attached to the tender documents. 2) Plaintiffs and E Co., Ltd. (hereinafter “E”) constituted a joint supply and demand organization by setting the investment ratio of Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”), KRW 65.34%, Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”), KRW 32.63%, and KRW 2.03%. However, E withdrawn from the joint supply and demand organization on March 13, 2013, the investment share ratio was changed to Plaintiff A6.67% and Plaintiff B 33.3%.

(Representative Company: Plaintiff A and the instant Joint Supply Company (hereinafter referred to as “Joint Supply Company,” and only the Plaintiffs shall be indicated as the subject of the contract upon the withdrawal of the Joint Supply Company). 3) The Plaintiffs awarded the instant construction project in total in KRW 71,64,844,342 as above, through the Public Procurement Service, on December 29, 2010, and the construction period from December 31, 201 to December 30, 201, the construction price shall be KRW 9,700,000, and the construction price shall be KRW 9,70,000,000, and the general terms and conditions of the construction contract (Ordinance of the Ministry of Public Administration and Security No. 325, Jul. 26, 2010; hereinafter referred to as “general conditions of this case”).

(2) On the other hand, the Plaintiff and the Defendant entered into the instant construction contract for the first year by inserting “71,64,844,342 won” in the column for total construction period of the contract, and by inserting “71,64,844,342 won” in the column for total construction period of the contract for construction work, respectively, and entering into the instant construction contract for the first year, and around that time, the instant construction was commenced. The main contents of the instant general terms (attached Form 1) are as indicated in the instant general terms (attached Form 1) and the instant construction work. As to the instant construction work, the Plaintiffs and the Defendant entered into the instant contract for the second year of March 17, 2011, and the instant construction contract for the second year of February 24, 2012, and March 3,

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