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(영문) 서울중앙지방법원 2014.12.10 2014나47244
공사대금
Text

1. All appeals filed by the Plaintiff and Defendant Seoul Special Metropolitan City are dismissed.

2. Of the appeal costs, the Plaintiff and the Defendant Dae-Gyeong Construction.

Reasons

Basic Facts

On December 11, 2009, the Defendant Seoul Metropolitan Government entered into a contract with the joint supply and demand contractors consisting of Defendant Daesung Construction and Additional Land (hereinafter “Defendant Company”) on setting the total cost of construction KRW 13,763,379,000 in the outdoor exhibition of peace in the park of peace located in the 1535,1536 Japan, Mapo-gu, Seoul Metropolitan Government (hereinafter “instant construction”).

(hereinafter “instant contract”). Meanwhile, on December 30, 201, Defendant Seoul Special Metropolitan City and Defendant companies changed the total contract amount of the instant construction to KRW 17,475,941,600.

Article 253 of the Rules of the Ministry of the Interior and Safety incorporated into the contents of the instant contract, the general conditions of the construction contract of local governments (hereinafter “general conditions of the instant contract for construction”) and the relevant provisions of the former Framework Act on the Construction Industry (amended by Act No. 9875, Dec. 29, 2009; hereinafter “Framework Act on the Construction Industry”) and the former Act on Fair Transactions in Subcontracting (amended by Act No. 12709, May 28, 2014; hereinafter “subcontract”) are as shown in the attached Table.

On January 4, 2012, the Plaintiff received subcontracting from the Defendant Company at KRW 212,300,000 for the supply and installation work of the floor heating and cooling system (hereinafter “instant subcontracted work”) during the instant construction work, with the price fixed as KRW 212,30,000.

(hereinafter “instant subcontract”). Meanwhile, the instant subcontracted project is a type of work with construction works (direct construction costs of KRW 1,317,916,208) among the second construction works (contract amount of KRW 17,475,941,60), which are part of the construction works (direct construction costs of KRW 1,317,916,208) (direct construction costs of KRW 414,527,175).

The terms and conditions of the original contract - The construction name of the construction project: the contract amount: 4,776,159,060 won - the total construction amount: 17,475,941,600 - the construction period: the subcontract agreement from December 18, 2009 to February 29, 2012 - The construction name of the machinery and equipment works.

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