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(영문) 서울중앙지방법원 2016.08.19 2014가합550319
공사대금
Text

1. As to the Plaintiff’s KRW 4,755,087,00 and KRW 101,00,000 among them, Defendant Gyeonggi-do shall pay to the Plaintiff KRW 4,755,00 from August 6, 2014, and KRW 4,654,087.

Reasons

1. Basic facts

A. On December 2004, the Administrator of the Public Procurement Service affiliated with the Defendant Republic of Korea issued a public tender notice for the construction work to extend the two-lane roads (No. 56 lines of State-funded local highways) to four-lanes from each other to each other and to each other (hereinafter “instant construction work”) with the Defendant Gyeonggi-do as an end-user institution, and with the total amount of 10.06km roads (No. 56 lines of State-funded local highways), which connects the legal principles of the Eup of the court of Pakistan-si and the merchant repair

B. The Plaintiff was selected as a successful bidder by organizing a joint supply and demand organization (the share ratio of investment with Plaintiff 70%, gender construction 30%, and representative of Plaintiff) with the Plaintiff and a joint supply and demand organization (the share ratio of investment with Plaintiff 70%, gender construction 30%, and representative of Plaintiff) in the process of joint performance with the Plaintiff.

C. On February 7, 2005, the Plaintiff et al. concluded the following contract regarding the instant construction work with the Administrator of the Public Procurement Service affiliated with Defendant Gyeonggi-do as an end-user institution (hereinafter “instant contract”).

Total construction amount: 65,929,600,000 won for the total construction period: From March 2, 2005 to March 1, 2010 (1,825 after commencement): Annual installments amount to 3,60,000,000 won for the construction contract for continuing expenditure from March 2, 2005; and 13,185,920,000 won for each year from 2006 to 2009, respectively; 9,585,920,000 won for the construction contract for continuing expenditure.

D. The instant construction contract was modified more than 10 times after its initial conclusion as follows.

E. On November 201, 2010, prior to the conclusion of the above six-time amendment contract due to business deterioration, such as commencement of rehabilitation procedures, the construction of Seongbuk land was concluded between the Plaintiff and the Defendant Gyeonggi-do.

10,943,550,00 won, which was stated as the contract price of Sung Branch Construction after the conclusion of the six-time modified contract in the said Schedule, is the adjusted amount of the instant construction project of Sung Branch Construction as at the time of withdrawal.

F. Of the above changes, the period of construction is not attributable to the Plaintiff, etc., for reasons such as the reduction of annual installments, delay in budget allocation, etc.

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