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All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. The parties 1) The Defendant is a public corporation established pursuant to the Korea Highway Corporation, and is the owner of the “D Corporation”. 2) The Plaintiffs’ investment ratio is Plaintiff A70% and Plaintiff C30%, and the representative is the contractor who entered into a contract for construction works with the Defendant on Section 5 among the “D Corporation”.
B. 1) The Defendant entered into the instant construction contract on July 15, 2008, Section 5 (hereinafter “instant construction project”) among the “D Corporation” on July 15, 2008
As to the design price (including value-added tax) was 194,07,938,00 won, and the construction period was 1,500 days for tender, and the plaintiffs were selected as successful bidders by participating in the tender of the instant construction project. 2) The plaintiffs and the defendant entered into a contract for the construction work in the method of a long-term contract with respect to the instant construction project (hereinafter “instant construction contract”). On December 29, 2008, as an annual contract on December 29, 2008, the contract amount was 3,423,00,000 won, and the construction period was 126,50,000,000,000 days from December 30, 2008 to December 30, 2008.
3) General conditions of the instant construction contract included in the instant construction contract (hereinafter “instant general conditions”).
(Ⅰ) the Special Conditions of the Construction Contract (I) and the Special Conditions of the Construction Contract (hereinafter “Special Conditions of this case”).
(C) The major contents of the instant construction contract are as shown in [Attachment 1 and 2] The Plaintiffs and the Defendant concluded an annual contract and a modified contract with respect to the instant construction project as indicated below (the Revised Details of the instant construction contract).
(2) The Defendant separates the overall contract from the annual contract into the instant overall contract, and separates the overall contract into the instant overall contract and each annual contract into the instant overall contract (hereinafter “the instant overall contract”).