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(영문) 대구지방법원안동지원 2016.12.08 2016가합3079
설계보상비
Text

1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff (appointed)'s primary claim.

Reasons

1. The following facts may be acknowledged in light of the following facts: (a) there is no dispute between the parties concerned; (b) evidence Nos. 2 through 5; (c) evidence Nos. 1 through 4; and (d) evidence Nos. 5-1, 2, 3; and (e) No. 9-1, 2; (b) No. 1 and 2; and (c) the whole purport of the pleadings.

On October 23, 2014, the Defendant publicly announced the following bids with respect to “Ullung-do 2 Construction Works” (hereinafter “instant Construction Works”).

(The construction period on January 3, 197: 1,825 days (five years) from the date of commencement of the construction works: 60 days from the date of site descriptions - The estimated amount on January 6, 120 days from the date of notification of the selection of a person qualified for working plans: 147,970,000,00 won (estimated price = 134,518,181,818 + Value-added tax + 13,451,818,182 won)

2. Bidding and contracting methods 2.1. The design, construction and package deal construction works under Chapter VI of the Enforcement Decree of the Act on Contracts to which a Local Government is a Party;

5.1. Composition: Joint Implementation Method and Sharing Implementation Method may be available;

13.3. Other matters 13.3. The design cost compensation pursuant to Article 101 of the Enforcement Decree of the Act on Contracts to Which a Local Government Is a Party may be partially compensated for the design cost pursuant to the "Standards for Local Government Bidding and Contract Execution" (Rules of the Safety and Administration).

B. On October 2014, the Plaintiff and the Plaintiff agreed to participate in the design work of the instant construction project with the Plaintiff, etc. (hereinafter “Gyeongnam Company”) as follows.

1. In relation to the instant construction internship project promoted by Gyeongnam Company, the costs incurred in the design and bidding process (design service cost + direct expense + other expenses, etc.) shall be performed within the design compensation cost.

2. “Design Compensation”.

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