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(영문) 서울중앙지방법원 2017.09.13 2015가합582610
공사대금
Text

1. The Defendant’s KRW 3,540,60,161 as well as 7% per annum from November 25, 2014 to September 13, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. 1) On October 2010, the Public Procurement Service entered into a contract for B construction works at the Defendant’s request (hereinafter “instant construction works”).

A) As to the expected amount of construction work, KRW 82,75,839,00 (including value-added tax) and KRW 1,096 were determined as a long-term continuing construction project, and the public announcement of tender was made by means of bidding. (2) The Plaintiff organized a joint contractor with C Co., Ltd. (hereinafter “C”) and Plaintiff 90.06% on the basis of the supply and demand of the instant construction work. However, on March 2013, the share of investment was changed to Plaintiff 96.6% and C3.34% on February 7, 2014 by changing C’s management deterioration to Plaintiff 96.6% and C3.34% on March 2013.

3) On December 30, 2010, the Plaintiff is a joint contractors organized as above, and is a contract for the instant construction project with the Defendant through the Public Procurement Service (hereinafter “instant contract”).

(4) According to the instant contract, the total construction period from December 31, 2010 to December 30, 2013 is KRW 39,811,859,951, and the total construction period among the instant construction works is KRW 39,811,859,951, and the construction period of the first-year contract from December 31, 201 to December 30, 201 is KRW 5,900,000.

The main contents of the general terms of the instant contract (hereinafter “instant general terms”) are as shown in attached Table 1.

B. The instant contract was amended and the completion of the instant construction. 1) The instant contract was a long-term continuing contract, which was concluded on March 29, 201, on March 29, 201, on March 3, 2012, on April 23, 201, on April 23, 2013, on April 23, 201, and on April 25, 2014, on several occasions. The instant contract was amended to the total construction period and total contract amount of the instant contract, and each of the said contracts was amended. The specific details and changes are as follows (hereinafter referred to as “number of contracts”).

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