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(영문) 서울남부지방법원 2020.11.13 2019가단19218

공사대금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Administrator of the Daejeon District Public Procurement Service requested the conclusion of a contract for the purchase of demand commodities related to the "C Project" (hereinafter "the project of this case"), and set a public announcement of tender by setting the project price of KRW 750 million (including value added tax) and 180 days from the date of commencement of the construction period, along with a written request for the proposal regarding the project of this case prepared by Boan City.

B. At the time of the tender on March 24, 2017, the Defendant: (a) determined as the first bidder for the instant project at the time of the tender; (b) concluded a contract with Boan-si to enter into a negotiation with Boan-si (hereinafter “contract amount shall be KRW 520 million, which is the proposal price; (c) on the basis of the result of the review by the government accounting service agency, the final amount shall be entered into according to the cost accounting review by the government accounting service agency; (d) on April 24, 2017, the Defendant shall bear the burden of the Defendant, who is the potential negotiating party, if the proposal price exceeds the proposal price); and (e) on April 24, 2017, the contract amount of the instant project at the time of the tender, KRW 520 million,000,000,000 for the delivery period, October 21, 2017; and

[Finally, the contract amount was 508,240,000 won, delivery period was 1 November 30, 2017, and the rate of liquidated damages was 0.050%/day.].

After that, the Defendant completed the instant project by manufacturing and installing the instant sculptures under the approval of Boan City, and submitted the supply system on February 12, 2018 to undergo the final inspection. On March 2, 2018, the Defendant submitted written consent for the completion of the production, installation, and settlement of accounts for the instant sculptures, and completed the settlement of accounts for the instant projects with Boan-si and Boan-si.

(The penalty for delay shall be imposed 21,60,200 won for delay on the 85 days of the beginning delay, but the penalty for delay shall be deducted from 19,059,000 won for the 75 days of delay.

On May 30, 2018, the Defendant deducted the amount of construction cost of KRW 234,270,00 from the Busan District Court (2018Gahap43749) [=215,211,00 (=the amount of construction cost of KRW 735,211,00, the government accounting cost accounting service corporation) from the calculated amount of KRW 735,211,00 and the contract amount of KRW 520,00,000.