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(영문) 광주지방법원목포지원 2019.06.25 2018가합11553
간접비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 22, 2014, the Defendant published a tender for C Corporation (hereinafter “instant construction”), and the main contents are as follows.

1. Matters referred to the tender;

(d) Estimated amount: 3,223,48,00 won (the basic amount of KRW 2,602,831,00, Government-funded materials of KRW 620,657,00,00);

(e) Basic amount: 2,602,831,00 won (estimated price of 2,366,210,000 additional tax of 236,621,000 won) per one minute 807,550,000 won;

(f) Period: from the commencement date of construction (general) to December 20, 2014;

2. Bidding and contracting methods;

(b)the total tender by limited competition (D) is the total tender, and the construction covered by continuous construction, eligibility examination, and patent construction methods.

B. The Plaintiff ordered the instant construction work in the said bidding. On May 22, 2014, the Plaintiff and the Defendant concluded a construction contract with regard to the instant construction work, setting the total additional construction cost of KRW 2,280,961,00, the total construction period of KRW 27 from May 29, 2014 to May 27, 2016, the contract amount of KRW 700,573,000, and the first installment construction period of KRW 200,573,000 from May 29, 2014 to December 20, 2014.

(hereinafter “instant construction contract”. Of them, the part regarding which the contract amount of the primary construction and the primary construction period were agreed is “instant primary construction contract,” and the part regarding which the total additional construction amount and the total construction period were agreed is “instant overall contract.”

After that, the Plaintiff and the Defendant entered into a modified contract on the instant construction works among the instant construction works, and entered into a contract on the instant secondary construction works (hereinafter “instant secondary construction contract”) and a modified contract on the instant secondary construction works. Accordingly, the Plaintiff and the Defendant entered into a modified contract on the total additional construction amount and total construction period of the instant construction works.

The Plaintiff completed the first and second construction of the instant construction works. The Defendant completed the instant construction works from July 9, 2014 to January 20, 2015, the contract amount of KRW 638,850,000 among the instant construction works, and the instant construction works from April 21, 2015 to December 14, 2015.

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