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(영문) 대구지방법원의성지원 2014.04.29 2013가합118

공사대금 등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 12,276,001 to the Plaintiff (Counterclaim Defendant) and its amount from July 26, 2013 to April 29, 2014.

Reasons

1. Basic facts

A. The Defendant entered into the instant construction contract (i) the instant construction contract under Article 2013-341 of the Gyeongbuk-do’s announcement on March 20, 2013 (hereinafter “the first construction contract”).

(2) On April 1, 2013, the Plaintiff participated in the said bidding and entered into a contract for construction work of KRW 146,762,00 between the Defendant and the Defendant on April 1, 2013. (2) On March 26, 2013, the Defendant publicly announced the bid for the “a facility construction works for the mooring preservation project (high-age transportation)” (hereinafter “second-age transportation project”) under Article 2013-368 of the Public Notice on the Standing North Korea’s 2013.

On April 9, 2013, the Plaintiff participated in the said bidding and was awarded a bid for the second construction work, and concluded a contract for construction work amounting to KRW 149,332,000 with the Defendant.

3) As to the determination method of successful bidders in the tender notice of the instant construction project, “The criteria for determination of successful bidders at the time of bidding by local governments (Rules No. 438, Dec. 24, 2012, established by the Ministry of the Interior and Safety)” (as a result of the evaluation conducted pursuant to the Standards for Evaluation of Tender Works with an estimated price of at least KRW 1.5 billion less than KRW 300 million (at least KRW 30 million for electricity, information and communication, and fire fighting works, at least KRW 1.5 billion for specialized facilities, cultural heritage, groundwater development, and other construction works under other Acts and subordinate statutes, at least KRW 300 million), persons with a comprehensive point of at least 95 points shall be determined as successful bidders, and the evaluation rate of construction experience shall be determined as the cumulative amount of construction work completed within the last three years as of the announcement date of tender announcement, and it shall be evaluated as the performance directly issued by the ordering person, at the time of bidding the instant construction project, the Plaintiff shall not be deemed as a comprehensive construction work price at KRW 30.