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(영문) 대구지방법원경주지원 2020.08.11 2019가단12346
정산금 청구
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 46,731,992 and KRW 33,195,344 among them, the Defendant (Counterclaim Defendant)’s KRW 46,731,99 and KRW 33,195,344.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

On September 24, 2014, the Plaintiff entered into a bid for the entrustment of the management and operation of the facility B (hereinafter “instant bid”) with the Defendant who is a successful bidder (hereinafter “instant contract”) on September 24, 2014.

The Plaintiff and the Defendant initially set the instant contract term from October 1, 2014 to September 30, 2015, and subsequently extended the contract term in consecutive order thereafter, and finally extended the contract term from February 1, 2017 to May 31, 2017.

The notice of the instant tender contains the following matters with respect to the ex post facto settlement of insurance premiums:

(The contract of this case stipulates that a tender notice, etc. publicly announced at the time of the tender of this case shall become a part of the contract of this case).

(a) The participants in bidding shall make ex post accounts of national health insurance premiums, national pension premiums, etc. in accordance with Chapter 17 of the Government Tender and Contract Enforcement Standards established by the Ministry of Strategy and Finance;

(b)In calculating the bid amount, participants shall reflect the following national health insurance premiums, etc. without adjusting them:

(1) National Health Insurance Contribution : 【 22,239,693(2): National Pension Contribution s 33,415,232(3): Long-term Care Insurance Contribution for the Aged: s s 1,456,700 s s s s s e.456,700 included

Service specifications (4. 2014) This specifications apply to “service entrusted by B” and take precedence over the terms of the service contract.

Article 6 【Period of Entrustment of Operation and Method of Payment for Services Costs】 ① The period of entrustment of operation shall be one year (12 months) from the commencement date, but if the next contract is delayed due to the circumstances of “trustee” after the termination of the contract, the performance of services may continue before the conclusion of a new contract under mutual agreement, and the service costs shall be paid by applying mutatis mutandis the original contract amount.

(2)

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