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(영문) 서울중앙지방법원 2016.08.25 2014가합566727
공사대금
Text

1. The Defendant: (a) to Plaintiff Sk Construction Co., Ltd., KRW 1,045,252,625; and (b) to Plaintiff S Sk Construction Co., Ltd., Ltd.

Reasons

Basic Facts

In around 2009, the defendant, including the conclusion of construction contract, is a large-scale civil construction work ordered by the Ministry of Land, Transport and Maritime Affairs (Jurisdiction of the Busan Regional Land Management Office) and conducted a tendering procedure by means of a package deal design and package deal tender for the construction of the "20 Section B" facilities construction project for the purpose of the permanent flood defense, securing diverse water, water quality improvement and ecological restoration, the creation of multi-functional complex space, the creation of a framework for regional development, the establishment of an institutional device for integrated management of rivers.

The plaintiffs (hereinafter referred to as "stock company" is omitted when they individually refer to the plaintiffs) and promotion company company, Gyeongnam company, Gyeongnam company, and Sam Jeon Construction Co., Ltd., as representative for the execution of the contract in this case (hereinafter referred to as "the above joint venture in relation to the execution of the contract in this case for convenience, or when the construction of plaintiff SK is referred to as "the plaintiffs" as the representative of the above joint venture in the bidding procedure, signed a contract for the construction in this case (hereinafter referred to as "the contract in this case") with the defendant on October 27, 2009 and started the construction in this case at that time.

Plaintiff SK Construction, including the Plaintiffs’ investment ratio, determined that each of the members of the joint supply and demand contractors opened a passbook and receive the instant construction in proportion to their share ratio. In the instant contract, the payment of the construction cost was determined to be received by each of the members of the joint supply and demand contractors, respectively.

The contract of this case is a long-term continuing construction contract, and the first total construction amount is 248,303,000,000, and the total construction period is 27 October 209.

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