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(영문) 서울고등법원 2016.04.08 2015나2024087
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On January 5, 2009, the Plaintiff entered into a contract with the Defendant and the Seocho-gu Seoul Metropolitan Government on the construction work for the apartment district B Section 2 (hereinafter “the instant apartment district construction work”). On March 6, 2009, the Plaintiff entered into a contract with the Defendant and the Gangnam-gu Seoul Metropolitan Government on the construction work for the apartment complex 4 and 5 complexes (hereinafter “the instant apartment district construction work”). The contract was concluded with the Defendant and the Gangnam-gu Seoul Metropolitan Government on March 6, 2009 on the construction work for the apartment complex 4 and 5 complexes (hereinafter “the instant apartment district construction work”).

B. In the construction sites notification and site descriptions on the provisions on steel nearby materials and ready-mixed materials for each of the instant construction works, the following provisions are provided for steel nearby materials and ready-mixed materials to be used for each of the instant construction works (hereinafter “instant materials”).

Public Notice of Tender

5. The site descriptions.

1. The Corporation shall be entitled only to participate in the site descriptions (in the case of a joint contract, the representative).

2. Matters relating to the preparation of a detailed report on site descriptions (see site descriptions, which are to be issued at the time of explaining the site) and the minimum price examination of the materials essential for construction works to prevent any low-price bid.

1. The term "designated items, such as unit prices, (PS items)" means items for which the amount, etc. is designated on the bill of quantity to be distributed when the site descriptions are distributed due to reasons, such as failure to determine the quantity or amount in advance;

2. PS items related to this project are as follows, and detailed items are detailed items indicated on the right side of each type of work on the cost calculation sheet and calculation sheet prepared by our construction (the Defendant).

- Fees for the inspection of steel root materials by specification, ready-mixed materials by specification, quality control fees, trial operation costs, and children's play facilities;

8. The minimum cost of our construction (the Defendant) shall be all types of construction in accordance with the detailed criteria for propriety review.

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