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(영문) 수원지방법원 2020.04.09 2019나65375

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs the business of dismantling and removing asbestos. The Defendant is a joint contractor for Cmiddle School Asbestos Tech Replacement Corporation ordered by the Gyeonggi-do Office of Education in Gyeonggi-do Office of Education, which is a corporation that runs the business of dismantling and removing metal structures.

B. 1) On December 27, 2017, the C Middle School treasurer entered into a joint contract (hereinafter “instant public tender announcement”) with respect to the instant construction work, a general competitive tender was conducted and the following was publicly announced (hereinafter “instant public tender announcement”).

1. 5,162,00 won (estimated price: 131,965,45 won-added tax of KRW 131,965,455), from the date of commencing the instant construction project, for the design for the construction period for the name of construction, which is referred to the tender;

2. The bid, method of contract, and this construction is allowed to be a joint contract (shared execution method).

· The evaluation ratio by type of business and by type of business to be applied at the time of qualification examination shall be as follows:

- Amount by type of business (value-added tax) and the ratio: Metal structure, 78,752,000 won in the creative work business

5. Joint contract (e.g., method of sharing) method and method of sharing, the number of persons to be jointly supplied shall not exceed two, including the representative, and the amount standards and proportion by type of business of the Corporation shall be 78,752,00 won (54.25%) and 66,410,000 won (45.75%) for asbestos dismantling and removal business.

· The joint supply and demand representative shall be a person who has completed registration with a high sharing ratio as a metal structure or creative construction business, and the joint supply and demand representative shall submit a tender.

2) The Plaintiff and the Defendant formed a joint supply and demand organization according to the instant public notice of tender, and bid the Defendant as a joint supply and demand representative, and was selected as a successful bidder. Accordingly, on January 4, 2018, the Defendant concluded a construction contract with C Middle Schools as follows (hereinafter “instant construction contract”).

A. Name of construction: Contract amount of the instant construction project: 127,987.