beta
(영문) 전주지방법원 2019.01.24 2018가합2263

설계용역비

Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On April 14, 2016, the Defendant publicly announced that the basic and working design services (hereinafter “instant services”) will be KRW 212,553,00,000, based on the basic amount, and the Plaintiffs participated in the said bidding and were designated as the successful bidder.

B. On June 13, 2016, the Plaintiff and the Defendant concluded a service standard contract with the Defendant for the instant construction work (hereinafter “instant contract”).

The contract amount stipulated in the instant contract is KRW 186,478,790, and the service period is from June 16, 2016 to November 12, 2016; the contract amount is 2.50% of the contract amount; and the contract amount is 2.50% of the contract amount; and the part related to the instant case in the general terms of the service contract applicable to the instant contract is as follows.

Part XIV General Provisions of Section 1 of the General Terms of the Services

3. The definitions of terms;

(g) The term "additional duties" means services, other than basic duties, entered as additional duties items or ordered and approved by a contracting officer in addition to additional duties in order to achieve the purpose of the contract;

Section 6. Amendment to the content of task and adjustment of contract amount

1. Modification of substance of operations;

(a)If a contracting officer considers it necessary for the purposes of a contract, he/she may instruct the other party to the contract of the following tasks:

(i)the elimination or reduction of specific service items 3) the modification of the plan for the service process;

(b) changes in the content of a task under “A” must be completed prior to the implementation of the part requiring the change.

Provided, That where it is necessary to provide services urgently, such as where the delay in performing the contract is likely to cause a fall in quality, a contracting officer may specify the time of change, etc. in consultation with the other party to the contract and allow the priority service to be provided before completing a change in the details of the task.

(c)the other party to the contract shall be an item of services in the business report without changes to the basic policy of the contract;