1. The plaintiff's claim is dismissed.

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

Details of the disposition

원고는 토목건축공사업 등을 목적으로 하는 회사이다.

On April 26, 2013, the Seoul Special Metropolitan City entered into a contract for construction works on February 6, 2015, with respect to the contract amount of 6,290,580,000 won and the date of completion, with respect to the Plaintiff and Daedae Construction Co., Ltd. (hereinafter “instant construction works”).

Of the instant construction works, the part entrusted by the Plaintiff is a construction project replacing 178 existing bridgeed with two parallel lines located in the area of 8.3km ( upper and lower parallel lines) and 0.8km in the area of 0.8km in Gangnam-gu, Seoul.

The Plaintiff intended to purchase and execute the E QS Myeonzed from SCoE Co., Ltd. (hereinafter “SCo”).

The Mayor of Seoul Special Metropolitan City: (a) deemed that the instant construction project requires responsible supervision pursuant to Article 27 of the Construction Technology Management Act (amended by Act No. 11794, May 22, 2013; hereinafter the same shall apply); and (b) Article 102(1)2(a) of the Enforcement Decree of the Construction Technology Management Act (amended by Presidential Decree No. 25358, May 22, 2014; hereinafter the same shall apply); and (c) deemed that the construction project requires responsible supervision, the construction project requires a specialized construction-supervising firm, a new construction-related corporation (hereinafter referred to as “new technology”).

As the Construction Technology Management Act was amended by Act No. 11794 on May 2, 2013, it is deemed that a new technology carries out construction project management under Article 39(2) of the Construction Technology Promotion Act and Article 55(1)2 of the Enforcement Decree of the Construction Technology Promotion Act under Article 18(1) of the Addenda to the Construction Technology Management Act. The new technology belongs to the Seoul Special Metropolitan City Mayor.