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(영문) 서울중앙지방법원 2013.11.27 2012가합98183
공사대금
Text

1.(a)

The defendant Seoul Special Metropolitan City, the defendant corporation, the Dongdong building industry, the Bodong building industry, and the Seoho Construction.

Reasons

1. Basic facts

A. The contract for construction work between Defendant Seoul Metropolitan Government and Defendant Daeung Construction Co., Ltd. and limited partnership companies and limited partnership companies (in sequence, hereinafter “Defendant Seoul Special Metropolitan City, Daeung Construction, and Supplementary Land”; hereinafter “Defendant Daeung Construction, etc.”) was made by setting up a contract for construction work as KRW 13,763,379,000 with respect to E construction work in the D Outdoor Exhibition Site located in Seoul Mapo-gu Seoul Metropolitan Government and Seoul Metropolitan Government (hereinafter “instant construction work”; and hereinafter “instant contract”). The contract was made by setting up the total construction cost as KRW 13,763,379,000 with respect to E construction work in the D Outdoor Exhibition Site located in the Seoul Metropolitan Government B and C (hereinafter “instant construction work”; and the said contract is referred to as “instant contract”).

(2) As to the part of the instant construction project, the construction project, etc. constituted a joint supply and demand organization to jointly perform civil works, construction works, and landscaping works among the instant construction projects. The advanced construction projects constituted a joint supply and demand organization by sharing the parts of the geothermal Energy Construction and solar Energy Construction. In the instant case, the advanced construction projects do not separately refer to the part of the advanced construction projects. 2) The general terms of construction contracts by local governments under Article 253 of the Rules of the Ministry of Public Administration and Security (No. 13-4, hereinafter “general terms of construction contracts”) incorporated into the instant contract, and the provisions relating to the instant case in the statutes related thereto are as follows.

General Conditions of the Construction Contract IX: Completion of the Construction and Payment of the Price

1. Completion inspection;

(a) When the contractor completes a construction work, he/she shall notify the contracting officer (in cases of a construction work for which responsible supervision is conducted under Article 27 of the Construction Technology Management Act, referring to a specialized construction-supervising firm; hereinafter the same shall apply) of the fact in writing, such as a report on completion of construction, and shall undergo the necessary inspection:

(h)The examination of conformity with the provision of paragraph (4) of this Article shall be prepared by the Director of the Work.

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