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(영문) 서울중앙지방법원 2017.11.29 2016가합536584
공사대금
Text

1. The Defendant’s KRW 1,586,486,470 as well as 6% per annum from July 15, 2016 to November 29, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff and B Co., Ltd. (hereinafter “B”), and the Plaintiff and B are collectively called “Plaintiff, etc.”

80% of the Plaintiff’s investment ratio and 20% of the B’s investment ratio (the representative: the Plaintiff; hereinafter referred to as “instant joint supply and demand organization”).

After organizing the instant construction project, the Defendant and C7 Sections 1 and 2 (hereinafter “instant construction project”) are deemed to be the instant construction project.

In relation to the construction contract, the contract for construction work in the form of a long-term continuing construction contract with the Plaintiff et al. on April 20, 2009, the total construction cost of which is KRW 164,968,00,000,000, and the total construction date of which is April 18, 2014 (hereinafter “instant contract”).

(2) The main contents of the general terms of the construction contract (hereinafter “instant general terms”) included in the instant contract are as follows.

Article 2 (Definitions) The definitions of terms used in these terms shall be as follows:

4. "Design" means a bill of quantity of materials for each construction specifications, design drawings, site descriptions and each type of work (including the quantity required for the installation of snow materials; hereinafter referred to as "bill of quantity"), and the following specifications shall not be included in the design:

A construction work statement prepared by bidding pursuant to the proviso to Article 14 (6) 3 of the Enforcement Decree;

(b) A calculation statement of the construction work executed through a package deal tender pursuant to Article 78 of the Enforcement Decree and alternative tender, and the construction work (limited to the portion adopted by the substitute);

(c) A statement of calculation of construction works executed by conducting a technical proposal tender for working plans pursuant to Article 98 of the Enforcement Decree;

(d) A construction work calculation statement which is concluded by a private contract;

Provided, That a bill of quantity of materials for a negotiated project concluded pursuant to the main sentence of Article 30 (2) of the Enforcement Decree shall be excluded;

8. The term "bill of quantity of quantity" means items or items forming objects by type of work, and the same items.

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