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(영문) 의정부지방법원 2016.12.01 2015가합52722
공사대금
Text

1. The Defendant’s KRW 191,101,740 for the Plaintiff and 6% per annum from January 30, 2015 to December 1, 2016.

Reasons

1. Presumed factual basis

A. On December 20, 2013, the Plaintiff, including the conclusion of the instant contract, concluded each of the instant contracts (hereinafter referred to as the “instant contract”) with the Defendant, the contractor, and the construction period from December 23, 2013 to December 22, 2014, with respect to the construction work for the improvement of the tea collection box box (hereinafter “instant construction work”).

Paragraph 4(c) of the tender notice on the instant construction project contains the following contents:

The Corporation shall enter into an agreement with the patentee for the use of new technology (patent) and submit the agreement for the use of new technology (patent) to the successful bidder for the construction to which the method of patent application of soil-free absence is applied until the submission of the qualification examination document.

If an agreement on the use of new technology (patent) is not submitted within the deadline for submission, it shall be excluded from the eligibility examination.

Patent Matters (hereinafter referred to as “instant patent”) - Patent Number: No. 10-0975824 - Name: Earth - Patent Holder: Large Industrial Development Co., Ltd. (A) entered into an agreement with Large Industrial Development Co., Ltd. (hereinafter referred to as “large Industrial Development”) on the use of the instant patent.

B. On March 10, 2014, the development of the large industry, such as the instant design change, submitted to the Plaintiff a written opinion stating that “The quality of the instant construction site differs from the geological condition indicated in the design, and thus the design change is required.”

On April 10, 2014, the Plaintiff submitted to the Defendant a positive report stating the following (hereinafter “instant positive report”): (a) the quality of the instant construction site is different from the geological condition stated in the design document, and thus, it is necessary to change the construction method.”

On July 3, 2014, the Defendant changed the type of work related to the instant construction from the “H-PILE Model” type to the “H-PILE soil plate.”

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