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(영문) 서울동부지방법원 2020.11.11 2017가합106327
공사대금
Text

1. The Defendant’s KRW 1,865,970,589 against the Plaintiffs and 6% per annum from July 22, 2017 to November 11, 2020.

Reasons

1. Basic facts

A. On February 17, 2009, the Defendant issued a public notice of tender for construction to the effect that the tender will be conducted by setting the construction period as a long-term contract, 60 months from the commencement date of the construction work, and the long-term contract, as a long-term contract, with respect to the “H Nowon-gu Construction and Other Construction” (hereinafter “the instant construction”).

B. The Plaintiffs filed the instant lawsuit on June 29, 2017 by the custodian C of the rehabilitation company B on the grounds that the joint supply and demand (50% of the Plaintiff A and the Seoul Central District Court 2015 Gohap 10025 on September 3, 2015, with respect to Plaintiff B Co., Ltd., Ltd., the representative of which is Plaintiff A (hereinafter “Plaintiff A”) (hereinafter “Plaintiff”) and the joint supply and demand company (hereinafter “Plaintiff B”), which took over the litigation procedure again on October 12, 2017, since the rehabilitation company C was decided to discontinue the rehabilitation procedure on October 12, 2017 while the instant lawsuit was pending.

Plaintiff D Co., Ltd. (hereinafter “Plaintiff D”) is limited to 40% and 40%

A) The 10% portion of the share was involved in the construction project, which was designated as a successful bidder as a result of the participation in the construction project of this case.

C. On April 27, 2009, the Plaintiffs stated the construction period from April 27, 2009 to December 10, 2009 with respect to the instant construction works as KRW 2,00,000,000 as to each of the instant construction works, and entered into a contract with the Defendant, that the total construction period from April 27, 2009 to April 25, 2014 under the overall contract was additionally stated as KRW 131,868,00,000.

A long-term continuing construction contract is a long-term continuing construction contract in which total construction cost is additionally stated and each lot of contracts are concluded within the budget of the year.

After that, the plaintiffs and the defendant concluded a contract for construction of the instant construction project on ten occasions with respect to the instant construction project, respectively, and entered into a modified contract for the construction project by each number of vehicles. The main points of the contract are

The contents are as follows:

each of the following items:

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