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(영문) 광주지방법원 목포지원 2018.01.18 2015가합378
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a company engaged in shipbuilding business, etc., and the defendant is a company engaged in the production and distribution of aquatic seedlings.

B. On June 30, 2014, the Defendant: (a) announced a tender and entered into a contract for construction; (b) the estimated price is KRW 3,121,258,718 (including value-added tax; hereinafter the same shall apply) with respect to the “construction of two or more third-party offshore oil markets in the Public Procurement Service system.”

(1) The tender of this case (hereinafter referred to as the “instant tender”) in a limited (total) bidding method

In the public notice of tender, two or more maritime oil bags (hereinafter referred to as the “each of the instant lower lines”) were publicly announced.

(A) a bill of quantity of materials (No. 3)

2. The bill of quantity of each of the instant materials (hereinafter referred to as “each of the instant materials”);

(2) The Plaintiff participated in the instant tender and was selected as a successful bidder on July 15, 2014. On September 3, 2014, the Plaintiff entered into a construction contract with the Defendant for the total contract amount of KRW 2,953,710,000 and the delivery period of KRW 2,953,710,000 on January 31, 2015.

(이하 ‘이 사건 건조계약’이라 한다). 3) 이 사건과 관련된 물품구매(제조)계약 일반조건, 물품구매(제조)계약 특수조건 및 이와 관련된 법령의 주요 내용은 아래와 같다. ▣ 물품구매(제조)계약 일반조건[기획재정부계약예규 제176호] 제2조 (정의

3. Except as otherwise provided for in this condition, the provisions of the Enforcement Decree of the Act on Contracts to which the State is a Party, the Special Cases concerning the Enforcement Decree of the Act on Contracts to which the State is a Party, the Enforcement Rule and the Rules of Contracts shall apply to the purchase of goods.

Article 3 (Contract Documents) (1) Contract documents shall be comprised of contract documents, specifications, intention, general conditions of the purchase contract for goods, special conditions of the purchase contract for goods, calculation sheets, etc.

Provided, That the calculation sheets shall be applied to the adjustment of the contract amount due to the adjustment of the quantity and price fluctuations as provided for in Articles 9 and 11 and to the payment of the fixed amount of payment as provided for in Article 22 (4).

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