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(영문) 서울중앙지방법원 2017.04.26 2015가합19358

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the party is a company that operates a construction business, and the defendant is an educational foundation that owns and operates the Seongdong Design High School located in Eunpyeong-gu Seoul Metropolitan Government 8-3.

B. 1) From July 1, 2014 to July 8, 2014, the Defendant: “Construction Machinery Corporation” in the National Design System of the Public Procurement Service (hereinafter “instant construction”) shall be construed as the “Construction Machinery Corporation in the process of extending the meal rooms and restaurants at the Arts Design High School and High School” (hereinafter “instant construction”).

(2) As to the construction cost, 2,031,770,00 won (estimated price of KRW 1,847,063,637, value-added tax, value-added tax of KRW 184,706,363, and government-funded materials cost of KRW 590,45,614) was determined and publicly announced through an electronic bidding method for total bidding and limited competitive bidding. The public notice of tender was accompanied by the construction cost statement (Evidence 11) and the general specifications (Evidence 9), where only the size of each construction type of the instant construction project, the weight or volume of raw materials, and the cost of materials, labor cost, and expenses, etc. were stated in the public notice of tender. 2) The Plaintiff submitted a bid with the construction cost of KRW 1,738,528,210 (including value-added tax, value-added tax; hereinafter the same shall apply), and on July 8, 2014, the Plaintiff was selected as a successful bidder of the instant construction project.

3) On July 17, 2014, the Plaintiff stated that the contract agreement on construction works between the Defendant and the instant contract amounting to KRW 1,738,528,210, and KRW 1/1,000 for delay compensation is 1/1,00, which appears to be a clerical error of 1/1,000. The date of commencement is July 21, 2014; the date of completion is January 16, 2015 (hereinafter “instant contract”).

). ▣ 공사계약일반조건 제2조(정의

3. The term "design" means a bill of quantity of materials for each construction specifications, design drawings, site descriptions, and each type of work (including the quantity required for the installation of snow materials; hereinafter referred to as "bill of quantity"), and the following specifications shall not be included in the design:

7. The term “bill of quantity” means a bill of quantity by type of work;