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(영문) 광주지방법원 목포지원 2018.11.16 2017가합10584

간접공사비 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 30, 2012, the Defendant publicly announced a bid on the instant construction project to improve the roads of the Young-do, Young-do, Young-do, Young-do, Young-do, Young-do, and Sejong-do, Sejong-do, for the construction project (hereinafter “the instant construction project”), and the main contents are as follows.

1. Matters referred to the tender;

(d) Estimated amount: 17,281,660,000 won (estimated price of 13,659,990,909 won, value-added tax of 1,365,99,091 won, and government-funded 2,255,670,000 won);

(e) Basic amount: 15,025,990,000 won (260,390,000 won, 2012);

(f) Period for construction: 36 months from the date of commencement (two months from the date of commencement);

2. Bidding and contracting methods;

(b)the local compulsory contract, long-term continuing construction works, and the subject of the detailed tender to be accompanied by a calculation statement in the tender;

B. On June 25, 2012, the Plaintiff organized a joint supply and demand organization representing the Plaintiff (hereinafter “the Plaintiff’s joint supply and demand organization”) to receive orders for the instant construction works, and participated in the said bidding. On June 25, 2012, the Plaintiff’s joint supply and demand organization concluded a construction contract (hereinafter “the instant construction contract”) with the Defendant as of June 27, 2012, covering KRW 12,242,262,00, the contract amount of gold car 260,390,000, June 27, 2012, the date of commencement, as of June 27, 2012, the date of completion, February 21, 2013, and June 11, 2015, respectively.

C. As indicated in the attached Form of Contracts, the Plaintiff and the Defendant entered into an annual contract (2-5) from February 26, 2013 to February 15, 2016, as indicated in the attached Form of Contracts. Accordingly, the total construction period and total construction cost, which are additionally stated, were modified. In addition to each of the above annual contracts, the Plaintiff entered into a contract to modify the terms and conditions of the said annual contract at least 13 times in total from December 14, 2012 to October 28, 2016.

The Plaintiff’s contract price adjustment following the extension of the overall construction period of the instant construction by five times from January 26, 2015 to February 16, 2016 to the Defendant.