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(영문) 의정부지방법원 2014.11.26 2013가합71286
기타(금전)
Text

1. The Defendant Natural Engineering Co., Ltd.: (a) KRW 121,127,829 to the Plaintiff; and (b) from March 14, 2013 to November 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On December 22, 2011, the 3th Army Group under the Plaintiff’s control (hereinafter “Plaintiff’s Department”) published a public announcement of B construction in OO area (five branches; hereinafter “instant construction”) and the Defendant’s natural engineering Co., Ltd. (hereinafter “Defendant Company”) participated in the said bidding and was determined as the successful bidder.

B. On December 30, 2011, the Defendant Company concluded a contract with the Plaintiff’s unit under which the instant construction work was contracted during the period from December 30, 201 to November 30, 2012 (hereinafter “instant construction contract”).

The contents of this case are as follows among the special conditions of the construction contract that forms the contents of the instant construction contract and the guidelines for the execution of government bidding contracts.

[General Conditions of the Contract for Construction] Article 45 (Cancellation or Termination of Contract due to Change in Circumstances) (1) In addition to the cases of Article 44 (1), the agency awarding the contract may cancel or terminate the contract when there is an objective apparent inevitable circumstance of the agency awarding the contract.

【Special Conditions for Construction Contract】

4. A public official in charge of the payment of advance payment shall pay and settle the payment in accordance with the standards for the execution of government tendering contracts and management regulations when he/she intends to make advance payment.

26. Other matters.

(a) This special condition shall be part of the contract and shall prevail over the general conditions;

(c) Unless otherwise specified in this Agreement, the State Finance Act, the Framework Act on the Construction Industry, the military-related official questions and the military-related provisions shall apply mutatis mutandis to the occurrence of any matter not specified in this Agreement applying mutatis mutandis.

[Standards for the Implementation of Government Tenders and Contracts] Article 33 (Advance Payment, etc.) When a public official in charge of contracts intends to pay advance payment pursuant to Article 40 (1) 15 of the Enforcement Decree of the Management of the National Funds Act, he/she shall comply with this Chapter.

Provided, That the head of each central government agency may prescribe special cases in consultation with the Minister of Strategy and Finance, if he/she deems it difficult to adopt these regulations due to special circumstances.

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