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(영문) 창원지방법원진주지원 2019.10.02 2015가합10809
손해배상(기)
Text

1. The Defendant’s KRW 2,733,660,00 among the Plaintiff and KRW 338,415,00 among the Plaintiff, shall be from May 30, 2012, and KRW 2,373,245.

Reasons

1. The facts below the basis of facts do not conflict between the parties, or are recognized by comprehensively taking account of the respective descriptions in Gap evidence Nos. 1, 2, 3, 5, 6, 11, 12, and Eul evidence Nos. 2 and the whole purport of the pleadings.

A. The status of the parties is a public corporation established on October 1, 2009 by comprehensively succeeding to each of the rights and obligations after dissolution and integration of the former C corporation and D corporation for the purpose of improving the people’s residential life and efficiently using the land (hereinafter “Plaintiff”) and the Defendant is a company engaging in construction business, etc.

B. On January 9, 2009, the Plaintiff: (a) extended the facilities of the sewage treatment plant and high-level treatment facilities construction work; (b) for the purpose of preventing water pollution and creating a pleasant living environment by treating and discharging sewage generated within the development project district of the FM facility, the Plaintiff “construction work for expanding the facilities of the sewage treatment plant and high-level treatment facilities” (hereinafter “instant construction work”).

(2) On January 2009, the Defendant agreed with G Co., Ltd. (hereinafter “G”) on the bid of the instant construction project as a successful bidder and G to participate in the bid.

3) According to the above agreement, G entered into a joint supply and demand agreement with H Co., Ltd. recommended by the Plaintiff on January 3, 2009, and entered into a technical service agreement with the Plaintiff on February 11, 2009. On April 9, 2009, the Plaintiff submitted a tender document stating the bid price determined by the Plaintiff to the Plaintiff. Meanwhile, the Defendant was selected as the successful bidder on July 3, 2009 by participating in the instant construction project and entered into a construction contract with the Plaintiff on July 3, 2009 with the Plaintiff and the construction cost of KRW 85.5 billion (including additional taxes). After the above contract was modified on July 11, 2012 through six times, the Plaintiff was finally amended to KRW 909,37 million (including value-added tax) on July 11, 2012 (including value-added tax).

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