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(영문) 서울중앙지방법원 2017.09.13 2015가합536570
공사대금
Text

1. The Defendant’s KRW 12,804,160,348 against the Plaintiffs and KRW 7% per annum from January 1, 2015 to September 13, 2017.

Reasons

1. Basic facts

A. 1) On October 2010, the Public Procurement Service entered into a contract with C & D (hereinafter “instant construction”) at the Defendant’s request, around October 2010.

As to the expected amount of construction work, KRW 142,740,896,00 (including value-added tax) and KRW 1,096 were determined as a long-term continuing construction project and announced a public announcement of tender by means of bidding. 2) The Plaintiffs and E Co., Ltd. (hereinafter “E”) were organized by setting the ratio of investment to supply and demand of the instant construction work at 65.34%, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”), 32.63%, and E 2.03%, respectively. However, E withdrawn from a joint supply and demand company on March 13, 2013, the share ratio was changed to Plaintiff A6.67%, and Plaintiff B3.3%.

(Representative Company: Plaintiff A and et al. shall indicate only the Plaintiffs as the parties to the contract due to the withdrawal of a joint supply and demand organization by E). 3) The Plaintiffs are joint supply and demand contractors organized as above, which are awarded a contract for the instant construction work in total in KRW 71,64,84,342 and awarded a contract on December 29, 2010 with the Defendant and the instant construction work (hereinafter “instant contract”).

(4) According to the instant contract, the total construction period from December 31, 2010 to December 30, 2013 is 0.1% of the contract amount, and the construction period of the first year contract from December 31, 2010 to December 30, 201 among the instant construction works is 9,70,000,00 won.

The main contents of the general terms of the contract of this case (hereinafter referred to as the "general terms of this case") are as shown in attached Form 1.

B. The instant contract was modified and the instant contract was concluded on March 17, 201 as a long-term continuing contract, and the instant contract was concluded on February 24, 201, February 3, 2012, March 28, 2013, and March 5, 2014, respectively.

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