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(영문) 광주고등법원 2015.04.17 2013나3957
공사대금
Text

1. The plaintiff with respect to the primary claim that constitutes the money ordered to be paid under the judgment of the court of first instance.

Reasons

1. Basic facts

A. On December 29, 2006, the Ministry of National Defense entered into the instant contract, which newly constructs 200 households and five military base facilities in the Kim Jong-si area (hereinafter “the instant contract”) and entered into the instant concession agreement with the instant corporation (hereinafter “the contracting party to the construction contract”) on April 29, 2009, the Ministry of National Defense (hereinafter “the Ministry of National Defense”) to undertake construction by investing funds in a project implementer pursuant to Article 4 subparag. 2 of the Act on Public-Private Partnerships in Infrastructure, and the ownership of the relevant infrastructure belongs to the State or a local government at the same time as the completion of the construction of the infrastructure, and to recognize the project implementer’s right to manage and operate the infrastructure for a certain period of time. The State or the local government ordered the instant project (hereinafter “the Ministry of National Defense No. 1”) to rent and use the infrastructure for a period of time as stipulated in the agreement.

On August 28, 2009, Kim Jong-soo entered into a contract for construction works with the Nam Young Construction Co., Ltd., Jung-gu Construction Co., Ltd., Ltd., new Jung Construction Co., Ltd., Ltd., Defendant, World Construction Co., Ltd., Ltd., Plaintiff Co., Ltd., Plaintiff Co., Ltd., and UP Engineering Certified Co., Ltd. (hereinafter referred to as “Co., Ltd.” in the name of each Co., Ltd.), under the following general terms, to contract the project of this case at KRW 53,980,270,00 (excluding value-added tax) under the following general conditions. After that, the members of the Co., Ltd. and the written contract for construction works following the withdrawal and joining the Co., Ltd. are indicated as “construction ratio,” but in order to distinguish it from

The first equity share shall be 30% of the Nam Young-gu Construction, 15% of the New High-ro Comprehensive Construction, 20% of the Jinsu comprehensive Construction, 10% of the defendant, 5% of the Eastern Construction, 5% of the plaintiff, 5% of the 10% of the World Construction.

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