(영문) 광주지방법원 순천지원 2017.01.06 2016가단72287



1. The plaintiff's claim is dismissed.

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


1. Basic facts

A. On November 7, 2013, Gwangju Metropolitan City publicly announced the ratio by type B in Gwangju Metropolitan City, and publicly announced the submission of a service execution plan and a project performance capabilities evaluation statement to select service providers for “C Corporation full-time responsible supervision services” (hereinafter “instant supervision services”) as shown in the following table.

Section 75.7% 14.6% 6% 3.6% 100% 10%

B. On December 19, 2013, after the foregoing public announcement, between the Defendant, the representative of Gwangju Metropolitan City and the joint supply and demand headquarters, the service cost of KRW 1,005,00,000 (which shall be increased to KRW 1,064,930,000) and the period from December 20, 2013 to February 12, 2015 (which shall be extended to March 31, 2015) entered into a service contract for the instant supervision services (hereinafter “instant service contract”). According to the foregoing service contract, the construction, landscaping, machinery, civil engineering part supervision, which accounts for 75.7% of the construction, landscaping, machinery, and civil engineering part supervision, which accounts for 17.7% of the said service contract, was conducted by the Defendant, and the ri engineering engineering corporation (hereinafter “Ma Engineering Corporation”).

) The Plaintiff is required to jointly perform the supervision over telecommunications portion, which accounts for 6.6% of the total supply and demand organization as a member of the joint supply and demand organization.

C. For the implementation of the instant service contract, the Plaintiff, the Defendant, and the Engineering constituted a joint supply and demand organization with the method of sharing the shares (hereinafter “joint supply and demand organization”). In this regard, around July 2014, a joint supply and demand agreement with the following details (hereinafter “instant agreement”).

Article 1 (Purpose) This Agreement aims to divide the instant service contract into certain parts and to jointly implement the contract for construction works, goods, or services in accordance with the terms and conditions of sharing in order to ensure the planning, execution, etc. of construction works, goods, or services by the members of the joint supply and demand organization, by mobilization of financial,