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(영문) 서울중앙지방법원 2015.11.13 2012가합103771

공사계약변경절차 이행

Text

1. The plaintiffs' claim Nos. 1 and 2 of the lawsuit of this case against the defendants and the plaintiff's claim for confirmation.

Reasons

1. Basic facts

A. The selection process of the person qualified for the instant construction 1) Defendant Seoul Special Metropolitan City (hereinafter “Defendant Seoul Special Metropolitan City”).

Seoul subwayline 9, 3rd 921 Construction Works (hereinafter referred to as “instant Construction Works”)

In order to implement A. B., the public procurement agency under the Defendant’s Republic of Korea requested the conclusion of the construction contract, and the public procurement agency made a public announcement of tender for the instant construction project on August 7, 2009 with the following contents.

1. Construction site construction site for the Seoul Urban Infrastructure Headquarters: The construction site for the Seoul Urban Infrastructure Headquarters: the construction site for the 3th phase and 921 Section: the 2,190 design period from the date of commencement to the 4th phase of the Olympic Winter Park in Songpa-gu Seoul Metropolitan Government: the design period for the 2,190th day from the date of commencement - the basic design and the first construction cost for the construction site: the estimated amount of 90 days from the date of notification of the selection of the person qualified for the design: 193,179,000,00

2. The design and package deal construction works under Chapter VI of the Enforcement Decree of the Act on Contracts to which the State is a Party (hereinafter referred to as the “State Contract Act”).

The construction subject to prior examination of qualification for participation in bidding (hereinafter referred to as "prior examination").

The decision of the person qualified for design shall be based on the "Additional Standard Method".

- The weight is 55% of the design score and 45% of the price score.

Long-term continuing construction.

2) The Plaintiffs organized a joint contractor (investment ratio) and participated in the instant bid for the construction project. Of the foregoing, the part related to the instant case in the tender guide for the construction project is as follows. (9) The construction project shall be calculated by fully considering the relevant plan review, investigation, possibility of a civil petition, etc. at the time of bidding in consideration of the fact that the contract amount is not increased unless the construction project implemented as a package deal tender falls under a cause attributable to the ordering agency or a cause attributable to force majeure, such as natural disaster and natural disaster. (1) The construction project shall be implemented as a package deal tender, taking into account the fact that the contract amount is not increased.