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(영문) 광주지방법원 2020.10.30 2020가단519517
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

1. Matters referred to the tender;

(a) Business name: Purchase and installation of low temperature storage equipment in the D market, outdoor air conditioners, and air-conditioning pipes;

(c) Goods contents: Low temperature storage machine (including attached cooling pipes);

(d) Delivery period: March 31, 2020;

Basic amount: 2,278,269,400 won [2,071,154,000 additional taxes of KRW 207,115,400];

4. Submission of tenders;

(a) The tender is subject to the total contract.

5. Projected price and method of determining successful bidder;

(f) The successful bidder shall submit a statement indicating the particulars of the calculation of the successful tender price (unit price) by the time of conclusion of the contract.

On November 13, 2019, the General Construction Headquarters of Incheon Metropolitan City (hereinafter referred to as the “Defendant”) under the Defendant’s jurisdiction (hereinafter referred to as the “instant bidding”) publicly announced the bid for the “the purchase and installation of the outdoor and air conditioning pipes” (hereinafter referred to as the “instant bidding”).

The main contents of the tender notice of this case are as follows, and the bill of quantity of materials, drawings, etc. which are not stated in the specifications, unit price and amount by item at the time of announcement are attached.

B. As the Plaintiff participated in the instant bidding and was selected as a successful bidder, the Plaintiff submitted to the Defendant a detailed statement that stated the unit price and amount in the official document attached at the time of the public notice of the instant bidding (hereinafter “written statement of arrival”). On December 2, 2019, the Plaintiff concluded a contract with the Defendant for the purchase of 2,002,363,200 won, and the delivery period until March 31, 2020, “the instant contract” (hereinafter “instant contract”) with the Defendant for the purchase of the outdoor and air conditioners, and the installation of low temperature storage, etc. according to the instant contract “the instant construction”).

C. After that, the Plaintiff completed the instant construction in accordance with the instant contract.

On March 2020, the Plaintiff and the Defendant settled the construction cost of the instant construction in KRW 1,88,031,200 after deducting the portion of non-use of the premium and the portion used for non-use of the safety management expenses for the purpose other than the purpose of the insurance premium (the contract was concluded accordingly).

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