부당이득반환청구 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. In order to be supplied with materials necessary for the construction of the Orun Complex Culture Center under the jurisdiction of the affiliated lifelong education center (the name was changed to the Library Lifelong Learning Center), Defendant Cheongju-si entrusted the contracting affairs to the Cheongbuk-gu Regional Government Procurement Service under the jurisdiction of the Republic of Korea in accordance with the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”).
B. Accordingly, around June 22, 2015, the Chungcheongnam-do Government Procurement Service publicly announced the purchase bid price of the government-funded materials for the construction of the Lao Complex Culture Center (other than 1 type), “the period of supply: October 30, 2015; the delivery conditions: the installation level of the site, the estimated price: the estimated price: KRW 926,576,364, respectively.”
C. On July 31, 2015, the Plaintiff was selected as the successful bidder of the said purchase bid, and the Plaintiff’s response amount to KRW 817,88,80,80 is the contract amount. The government-funded materials procurement contract (other than the Dagwon, etc., one type) concluded with the terms and conditions of the said public announcement (hereinafter “instant procurement contract”). The contract amount was reduced to KRW 802,161,020, and the delivery period was extended to November 30, 2015.
By January 8, 2016, the Plaintiff supplied most of the goods under the instant procurement contract (part of the goods were supplied on January 17, 2016) and received KRW 75,234,600 in total, including advance payment of KRW 408,94,400 on August 10, 2015, and the remainder of KRW 346,290,200 on April 8, 2016.
The amount of supplied goods received by the Plaintiff is the amount of KRW 46,926,420 (the contract amount of KRW 802,161,020 x 1.5/1,000 x 39 days) deducted from the contract amount of KRW 802,161,020 for 39 days (the delivery date of January 8, 2016 - November 30, 2015).
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion is asserted as follows.