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(영문) 청주지방법원 2019.11.21 2019구합5484

부실벌점부과처분무효확인 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The defendant (hereinafter "the business of this case")

(1) The Plaintiff Company A (hereinafter “Plaintiff A”) is the project implementer of the Plaintiff Company A.

(2) The Plaintiff Company B (hereinafter “Plaintiff B”)

3) The Plaintiff Co., Ltd. (hereinafter “Plaintiff C”)

(3) On December 22, 2016, the term “design” is defined as follows: (a) a company contracted with the Defendant for construction work under the instant project at KRW 25,312,897,000; and (b) the Plaintiff D works as the site manager at the construction site of the instant project. The term “design” is defined as follows: (c) a construction specifications, design drawings, site descriptions, and a bill of quantity of materials for each type of work for each type of work (including the quantity required for the installation of new materials; hereinafter “bill of materials”).

(a) Deleted. (b) The Enforcement Decree of the Act on Contracts to which the State is a Party (hereinafter referred to as the "Enforcement Decree") shall be limited to the following specifications:

(C) A statement of particulars in respect of the construction work executed under a package deal tender pursuant to Article 78, and the construction work executed under an alternative tender;

(c) A statement of calculation of construction works executed by conducting a technical proposal tender for working plans pursuant to Article 98 of the Enforcement Decree and a technical proposal tender for basic plans;

(d) A construction work calculation statement which is concluded by a private contract;

Article 19 (Modification of Design) (1) A modification of design shall be made in any of the following cases, except for a bill of quantity of materials for a negotiated project concluded pursuant to the main sentence of Article 30 (2) of the Enforcement Decree:

1. Where the details of the design document are unclear or any omission, error or inconsistency exists;

2. Where the state of the construction site, such as geological features and water supply, differs from the design drawing;

3. Period of reduction in construction costs and construction works due to the use of new technologies and construction methods;