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(영문) 서울중앙지방법원 2014.04.16 2013가합39693
부당이득금 반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company whose principal business purpose is the design of buildings, construction supervision, etc., and the Defendant is a public corporation with the main purpose of the operation, management, etc. of 4 lines in Seoul subway line, as prescribed by the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of Seoul Metro.

B. On September 30, 2011, the Defendant announced and announced the submission of the service execution plan and the project execution capacity assessment report provided as follows: (a) with respect to the basic design service for the relocation of the headquarters to Seoul Meart (including the consolidation of government offices) as Seoul Meart’s announcement No. 20101375, Sept. 30, 201; (b) the site area was 8,437 square meters in site area; (c) the service period was 150 square meters in site area; and

(hereinafter “instant public announcement of tender”)

On October 24, 2011, the Plaintiff was awarded a successful bid by winning the bid amount of KRW 449,99,000 for the bid amount of KRW 449,99,00. Accordingly, the Plaintiff and the Defendant concluded a service contract with the contract amount of KRW 449,99,00 for the contract amount of October 31, 201 and the service period of KRW 150 for the period from November 7, 201 to April 4, 2012.

(hereinafter “instant service contract”). D.

On November 7, 2011, the Defendant issued to the Plaintiff a detailed area calculation sheet indicating the applicable area by use, which reflects the required area under the established rules and regulations, the area required by each department, the area required by each department, the welfare Dong area, the area of control office, the area of the parking lot, etc. based on the current status of the area of the building of the existing head office by use. Accordingly, the total area of the applicable area is 34,427.24 square meters.

E. The Plaintiff and the Defendant agreed to extend the service period on March 27, 2012, July 24, 2012, and October 15, 2012. Accordingly, the service period of the instant service contract was finally extended until December 18, 2012.

F. On December 18, 2012, the Plaintiff completed all of the services under the instant service contract, and supplied all of the results, such as basic design drawings, to the Defendant. The Defendant supplied the Plaintiff with both basic design drawings, etc. on March 7, 2012, and the Defendant’s KRW 90,000, and September 18, 2012.

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