beta
Text
1. The Defendant: (a) KRW 4,955,50,017 for the Plaintiff and KRW 5% per annum from April 24, 2015 to July 4, 2017.
Reasons
1. Basic facts
A. On September 30, 2009, the Defendant submitted a bid for the instant construction project. Around September 30, 2009, “C block apartment” (hereinafter “instant apartment”) to be constructed from the Jung-gu Incheon Metropolitan City block.
2) Construction work (hereinafter “instant construction work”)
2) As to the tender with the following content (hereinafter referred to as “instant tender”):
)을 공고하였다. 1. 공사개요 1.1. 공사명: C블록 아파트 건설공사(설계시공일괄입찰) 1.2. 공사현장: 인천 중구 C블록 1.3. 공사기간: 착공일로부터 1,130일(동절기, 공휴일, 우천 등 공사불능일수 포함) 1.4. 설계기간 - 기본설계: 현장설명일로부터 50일 - 실시설계: 실시설계적격자 선정 통보일로부터 120일 1.6. 추정금액: 183,620,000,000원 (추정가격: 175,321,000,000원 부가가치세 8,299,000,000원) ◈ 업종별 추정금액 - 건축공사업: 183,620,000,000원 (공사부분: 181,000,000,000원, 설계부분: 2,620,000,000원
2. Bidding and contract method 2.1. Construction on Package Deal Basis pursuant to Chapter VI of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party (hereinafter “instant special bond”) with respect to the instant tender, a written special bond for construction works (hereinafter “instant special bond”).
(1) Of the instant special bond certificates, the portion relating to the instant case is as follows. Article 28 (Compensation for Design Cost) ① Compensation for design cost may be made according to the accounting established rules within the budget set by the ordering authority for the purpose of compensating for the design cost of the relevant construction project, according to the design cost compensation for the large construction works in Chapter 15 of the Government Tender Contract Execution Standard.
(2) In the case of a package deal tender, the object of the compensation for design expenses shall be those who have been judged as qualified as a result of the design deliberation, and have failed to be selected as a successful bidder among six persons in the order of highest design points, and in the case of an alternative tender, those who have been determined as a qualified bidder as a result of the selection of an alternative and
(3) Design expenses.