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(영문) 광주지방법원 2020.02.13 2016가합53710
공사대금
Text

1. The defendant shall pay to the plaintiff A Co., Ltd. KRW 740,318,308, and KRW 185,079,577 and each of the said money to the plaintiff B Co., Ltd.

Reasons

1. Basic facts

A. On September 29, 2005, the Defendant entered into a contract on September 29, 2005 with the Plaintiff joint contractors (hereinafter “joint contractors”). The Plaintiff’s investment ratio: 80%, Plaintiff B (former Company Name C Co., Ltd.): 20%, and the Defendant entered into a contract with the Plaintiff joint contractors to contract the “D construction work” (hereinafter “instant construction work”).

(Total Construction Period: 1080 days, total construction completion period: September 19, 2008). (b)

The above contract entered into a separate contract between the plaintiff joint supply and demand company and the defendant as the contract for the first construction of the long-term continuing construction contract was entered into between the plaintiff joint supply and demand company and the defendant. The current status of the change of the construction contract period by each number of vehicles is as shown in the report on the change of the contract period by attached Table 1.

C. The Plaintiff joint contractors performed the instant construction work from the first to the 12th unit in accordance with each of the following contracts. The Defendant completed the instant construction work on January 29, 2016 upon completion of the construction inspection on the instant 12th construction work. The major progress relating to the adjustment of the contract amount of the instant construction work and the payment of the completion amount is as follows.

1) The fifth construction work of this case commenced on December 1, 2008. At the time of the first construction contract of this case, the term of completion of the fifth construction work of this case was extended on August 24, 2009, but the term of completion was extended on February 28, 2010 due to the modified contract. On December 30, 2009, the Plaintiff joint supply and demand company notified the Defendant of the completion of the construction work of this case from the date of the completion of the construction work of this case to the date of the completion of the construction work of this case. The Plaintiff joint supply and demand on December 30, 2009 (from July 2008 to August 14, 2009) that “The construction work of this case was completed by operating a field organization completed for preparation for and re-construction of the existing tunnel and resolution of civil petitions.” On February 25, 2010, the Defendant paid the construction work of this case to the Plaintiff joint supply and demand on February 25, 2013 through 2019.

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