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(영문) 대구지방법원김천지원 2020.07.17 2018가합16488
용역대금 청구
Text

1. The Defendant’s KRW 374,00,000 as well as 6% per annum from July 27, 2018 to October 29, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of providing construction technology services.

(b) around November 2014, the Public Procurement Service publicly announced a tender for construction technology services with the following content:

The name of the National Police Agency: The service cost for the construction project management (hereinafter “instant service”): 750 days (100 days) from the date of commencement: 2,489,00,000 won (2,262,727,272,728 won of value-added tax 226,72,728), among the service cost of KRW 56,192,00,000, the direct expenses (11,365,172 won, separate from value-added tax), the delivery equipment (11,365,172 won, separate value-added tax), the local office personnel (68,67,211 won, separate value-added tax), the printing cost (7,303, value-added tax), the value-added tax (710,303, value-added tax), the price-added tax (20,100,900,000 won) and the amount shall be reflected in the calculation basis of the price).

This service constitutes a “construction project management service at the construction stage”.

This service constitutes a "construction project management, such as acting as a supervisory authority".

C. On October 2014, the letter of business content prepared by the Public Procurement Service with respect to the instant service (referring to the same document as the operating manual and the operating manual; hereinafter “instant letter of business content”) contains the following contents:

II.9.Adjustment of Prices for Construction Project Management Services

(a)the increase in the service charges due to design change, price fluctuation, additional work, etc. shall be adjusted in consultation with the contracting authority;

(b) If the construction period has been extended due to the intention or negligence of the construction project manager, all the responsibilities therefor shall be responsible and the costs for such extension shall not be additionally appropriated;

2.13. Price for construction project management;

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