(영문) 서울중앙지방법원 2017.05.17 2015가합512277

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(영문) 서울중앙지방법원 2017.05.17 2015가합512277

사업비 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The entry of “stock company” in the name of the company A (hereinafter “stock company”) is omitted.

(2) The Defendant concluded a long-term contract of KRW 3,791,00,000 for total service period from November 1, 2012 to October 31, 2015 with the Defendant, which is a public enterprise established by the Incheon International Airport Corporation for the construction, management, and operation of the Incheon International Airport. (2) A received the “D system domestic research and development project (hereinafter “instant project”) ordered by the Defendant, and entered into a long-term contract with the Defendant for the total service period of KRW 3,791,00,000.

A, on December 26, 2013, as the third-year contract for the instant long-term continuing contract, concluded the three-year contract for research and development of local systems (hereinafter “instant contract”) between the Defendant and the service period from January 1, 2014 to December 31, 2014, and the third-year contract amount of KRW 1,039,241,093.

3) Article 6 of the General Conditions of the Service Contract applicable to the instant contract provides that the General Conditions of the Service Contract shall apply mutatis mutandis to the Terms and Conditions of the Contract Rules of the Ministry of Strategy and Finance applied at the time of the conclusion of the contract. Of the former Terms and Conditions of the Service Contract Rules of the Ministry of Strategy and Finance applied at the time of the conclusion of the instant contract, the General Conditions of the Service Contract (amended by the Ordinance of the Ministry of Strategy and Finance No. 1

The main contents of Article 16 are as follows. (1) If a contracting officer deems it necessary for the purpose of a contract, he/she may instruct the other party to the contract of the following tasks:

1. Performance of additional duties and special duties;

2. Modification of the service process plan;

3. The following losses due to force majeure events referred to in Article 24 (Act of God) (1) shall be borne by the authority awarding the contract:

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