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(영문) 서울고등법원 2019.08.22 2018나2064406
간접비지급청구
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff and the defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence additionally submitted in the court of first instance is examined, the fact-finding and judgment of the court of first instance are justified.

Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance, except for the addition of a part as follows. Thus, this court's reasoning is cited in accordance with the main sentence of Article 420

[Supplementary Provisions] On the 8th judgment of the first instance, the following items shall be added to the second instance judgment:

According to Article 19(3)9 of the "Standards for Preparing Budget Price" established by the Ministry of Strategy and Finance with respect to this case, the Defendant shall not include land, buildings, machinery, equipment (construction machinery) directly used or provided for the execution of the subject matter of the contract.

) The user fee is the user fee, and the user fee (management fee, monthly rent does not constitute the land or building directly used or provided for the performance of the subject matter of the contract, and thus, the rental fee should be excluded from the indirect construction cost.

(1) "Payment rent" in Article 19 (3) 9 of the "Standards for Preparing Budget Price" established by the Ministry of Strategy and Finance is excluded from land, buildings, machinery, equipment, or construction machinery directly used or provided for the execution of the subject matter of a contract.

of this section.

Article 9(1)2 and 3 of the Enforcement Decree of the Act on Contracts to Which the State is a Party provides that “The standards for preparing estimated price” shall be applied to “the land, etc. directly used for or provided for the execution of the subject matter of the contract.” However, the said provision sets forth the standards to be applied to the preparation of estimated price, etc. under Article 9(1)2 and 3 of the Enforcement Decree of the said Act. The contract price shall be adjusted

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