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(영문) 대구지방법원 2017.06.09 2017구합20363

사업비회수처분취소

Text

1. The Defendant’s disposition to recover project costs against the Plaintiff on November 24, 2016 shall be revoked.

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

Reasons

1. Details of the disposition;

A. On June 27, 2013, the Defendant entered into a contract and entered into a construction agreement with the Plaintiff; on July 1, 2013, the date of commencement; on June 30, 2014, the date of completion; and on June 30, 2014, the construction cost; and on June 5, 572,095,00 won (hereinafter “instant development project”).

A) A contract for construction works was concluded with respect to which construction works were contracted, and the total construction cost was modified to KRW 6,391,621,000 on December 28, 2016 following design changes (hereinafter “instant contract”).

2) As the Plaintiff completed the construction work of piling up stone (hereinafter “instant construction work”) during the instant contract, the Plaintiff paid the construction cost to the instant construction work.

B. On August 2016, 2016, Gyeongbuk-do: (a) as a result of a comprehensive audit conducted on and around the Defendant in 2016, Gyeongjin-gun with respect to the Defendant; (b) as a result of the instant comprehensive audit conducted in 2016, the entire area of the instant construction project was excessive to KRW 264,067,00,000 for the project cost; and (c) the amount was excessive to KRW 264,067,00 for the project cost; and (d) the Defendant requested the re-examination of the results of the said comprehensive audit conducted on and around the same year; (b) however, on November 2016, 2016, the Gyeongbuk-do requested for the re-deliberation of the construction project based on the method of calculating the area of the construction project in question by means of a reasonable calculation method.

C. On November 24, 2016, the Defendant notified the Plaintiff of the collection and reconstruction of the cost of excess execution with the following content:

(B) Of them, the part ordering excessive recovery of the project cost of the instant rearrangement project (hereinafter “instant disposition”). 【Recovery of the project cost of the instant rearrangement project and notification of reconstruction】

2. Gyeong-do, 2016.