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(영문) 서울중앙지방법원 2016.05.11 2014가합565441
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 4, 2009, the Defendant, a government-funded institution affiliated with the Ministry of Foreign Affairs and Trade established under the Korea International Cooperation Agency Act, announced a public announcement to select a construction company to build a new construction company in order to build a local general hospital in Vietnam, which is a general hospital in a specific structure, on the site located in the land located in the area of open economic zone in Vietnam, the size of which is 3,649.92 square meters in total, 7 stories in the ground (the 7 stories in the ward, the 7 stories in the medical department, the 3 stories in the medical department), 502 sickbeds in the ground, and 4 rooms in the Dong (the laund, the infectious disease ward, the funeral hall, and the train), and the general hospital in the area of Vietnam, which is a general medical facility in the concrete structure.

B. On May 13, 2009, the Plaintiff participated in the tender presentation held by the Defendant and was selected as the execution company of the instant construction project on June 9, 2009 in order to select the execution company to be in charge of the instant construction project.

C. On June 25, 2009, the Plaintiff entered into a construction contract with the Defendant with the content of USD 18,006,274 (originalizing KRW 22,958,00,000) as to the instant construction project, and within 24 months from the date of commencement of the construction period (within two months from the date of commencement of the construction period) (hereinafter “instant construction contract”). At the time of entering into the instant construction contract, the Plaintiff entered into a construction contract with the content of the instant construction contract, including a tender offer publicly announced at the time of bidding, a tender offer for construction, a special bond for construction, a tender letter for special reservation for the Electronic Procurement System, design and specifications, general conditions for the construction contract, and special conditions for the construction contract.

Of the contents of the instant construction contract, the parts related to the instant case are as follows.

Article 12 (Preparation of Tender Offer) (4) Except as otherwise provided in the public notice of tender, notice of tender participation, etc., the tender shall be prepared in Korean, and the currency of the tender amount shall be Korean won.

The definitions of terms used in this condition of the contract for construction works shall be as follows:

6.As otherwise provided for in this condition.

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