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(영문) 광주고등법원 2017.11.22 2016나12075
공사대금
Text

1. The plaintiffs' appeal and the plaintiff's promotion enterprise expanded by this court, the plaintiff's general construction company and the plaintiff's general construction company.

Reasons

1. Basic facts

A. 1) The Plaintiffs’ bid process 1) The construction of the Multi-Purpose Sports Center in the site of the 105-1 Gwangju Women’s University in Gwangju Metropolitan City, Gwangju Metropolitan City (hereinafter “instant construction”) from the Defendant.

On August 2012, the tender guidance was received on August 2012, and around December 2012, the site descriptions were sought on the basis of the respective distributed bid guidance and the site descriptions on the "Direct Purchase of Construction Materials" are as follows:

The construction project is subject to direct purchase of construction materials pursuant to Article 12 of the Act on the Promotion of Purchase of Small and Medium Enterprise Products and Support for Development of Development Projects.

(1) The bidder shall participate in the tendering procedure with sufficient knowledge of the direct purchase of construction materials (government-funded materials) in accordance with relevant regulations, such as the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support, etc., and the bidder shall be fully responsible for the failure to be aware of it. 4) The first contract amount shall be the successful bid price, but it shall be divided into the contract amount and the estimated amount of the items selected as government-funded

The design amount of the government-funded materials (including the successful bid price difference in the Public Procurement Service) shall be reduced from the initial contract amount after purchasing and supplying directly by the ordering agency at the request of the contractor for the purchase of government-funded materials.

The timing or frequency of a modified contract for the purchase of materials shall comply with the opinion of the agency awarding the contract.

6) If any additional expenses are incurred in direct purchase of construction materials by an ordering agency due to an error in the calculation statement of direct purchase of construction materials submitted by a person qualified for working plans, the expenses shall be borne by the counter-party to the contract and shall be reduced from the contract construction cost, but the expenses due to price fluctuations shall be recognized. The site site report (No. 2

(n) A reduction contract shall be made with an authority awarding an order, in cases where construction works are to be separated or placed separately under individual Acts and subordinate statutes (subject to direct purchase of construction materials;

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