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(영문) 창원지방법원 2016.08.09 2016구합50462
기타경상이전수입부과처분(환수처분) 취소
Text

1. All of the plaintiff's lawsuits against the primary defendant and the conjunctive defendant shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On September 5, 2013, the Armed Forces Central Contract Official published a tender for B Corporation among the military facilities of the Ministry of National Defense, and the main contents are as follows:

Construction cost: 323,711,000 won contract period from 12 December 12, 2014: The multiple preliminary price for the total tender subject to which no calculation sheet is attached to tender documents from 323,71,000 to 12, 2014, shall be automatically determined by this system within the limit of the upper and lower ratio (3% to - -3%) compared to the basic reserve price set out in the tender information from the tender information of the national electronic procurement (D2B). The estimated price is automatically determined by this system in the arithmetic average of 4 choice numbers among the multiple preliminary price numbers selected by the tendering company from 15 multiple preliminary prices.

B. On September 11, 2013, the Plaintiff was selected in the first order as a result of the tender. Around that time, the Plaintiff entered into a contract with the Armed Forces Finance Management Body (contract amount: KRW 275,585,880, contract term: From October 8, 2013 to December 12, 2014; hereinafter “instant contract for construction”).

C. After completing the construction, the Plaintiff submitted to the finance officer of the Navy headquarters a detailed report on the completion of the construction of the instant construction on December 9, 2014 (the completed amount of KRW 257,947,404).

In the process of the completion inspection, the finance officer of the Navy verified the fact that the amount of input materials stated in the bill of quantity and the calculation sheet exceeds the amount indicated in the design drawings, and finally adjusted the completion amount to KRW 142,178,477 (59%) and finally adjusted the amount of completion to KRW 136,671,100.

(Adjustment of Amount by Mistakes).

On January 4, 2016, based on the result of the above completion inspection, the Defendant Naval Commander notified the Plaintiff to pay KRW 95,617,910 (i.e., 232,289,000 won already paid) as other ordinary income (i.e., 30,000 won on March 31, 2014) = 30,285,710 won on May 22, 2014, 2014.

(hereinafter referred to as “instant notice”). 【No dispute exists, A’s evidence Nos. 1, 2, 3, 6, 7, and B.

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