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(영문) 서울중앙지방법원 2018.09.19 2016가합564220
공사대금
Text

1. The Defendant’s KRW 6,482,053,037 as well as the Plaintiff’s KRW 6% per annum from January 1, 2017 to September 19, 2018.

Reasons

1. Basic facts

A. On July 31, 2014, the Plaintiff, B Co., Ltd. (hereinafter omitted), C, D, and E concluded equity shares with 45%, 19%, 19%, 12%, 5%, and D bankruptcy, respectively, changed their respective shares into 50.72%, 19%, 19%, 6.34%, 4.94%, and 4.94%. In addition, the instant joint supply and demand organization with the Plaintiff as the representative (hereinafter “instant joint supply and demand organization”). On December 24, 2009, the instant joint supply and demand organization formed a joint supply and demand organization with the Plaintiff (hereinafter “instant joint supply and demand organization”). From the date of the Defendant’s joint supply and demand organization with the Defendant, the Ministry of Land, Transport and Maritime Affairs, the Seoul Regional Land Management Office, as the Defendant’s affiliated organization, started the construction contract between the Defendant and the Defendant for the construction work (hereinafter “the instant construction work”).

3) The general terms and conditions of the construction contract applicable to the instant construction contract (Article 2200.04-104-19 of the Accounting Rules of the Ministry of Strategy and Finance, June 29, 2009) (hereinafter “general terms and conditions”) applicable to the instant construction contract.

(B) Of the parts related to the instant construction contract, the joint contractors of the instant construction contract are as indicated in the attached general conditions. (B) From December 24, 2009 to February 1, 2012, the joint contractors of the instant construction contract entered into a contract with the Defendant for the instant construction project by a number of vehicles and vehicles and completed the said construction works, respectively.

2) On February 13, 2012, the instant contracting group and the Defendant converted the instant construction contract into a continuing expenditure contract from a long-term continuing contract to a continuing expenditure contract. 3) On December 13, 2013, the instant contracting group and the Defendant concluded a modified contract to reduce the total contract amount from KRW 177,001,00,000 to KRW 335,000,000,000 on December 19, 2015 due to lack of absolute construction period, etc.

At the time, the joint supply and demand organization of this case has changed the above construction work to the defendant through the Seoul Regional Land Management Office at that time.

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