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(영문) 서울중앙지방법원 2019.08.09 2018가단5067691
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 2017, the Seoul Regional Procurement Service, under the Defendant’s jurisdiction, issued a public notice of the guidance to submit a written estimate of free contract for small facility construction (hereinafter “instant tender”) to the following with respect to the conclusion of the contract for C&A (hereinafter “instant construction”) affiliated with the Defendant, which is a procuring entity of the Ministry of Culture, Sports and Tourism (hereinafter “Defendant”) affiliated with the Defendant.

The estimated amount of KRW 366,487,00 (the estimated price of KRW 70,00,000,000, the estimated amount of value-added tax of KRW 7,000 for the contractor’s paid amount of KRW 289,487,00 for the contractor’s paid amount of value-added tax of KRW 7,00: 49,434,000 for each type of business and the ratio of estimated amount of KRW 366,487,00 for the electrical construction business - the amount (10%) and the ratio of the amount by type of business (10%) for the electrical construction business - the electrical construction business: 7,00,000,000 for the total amount of KRW 77,00 for the electrical construction business, and the person who submitted a estimate to the lowest price of KRW 1,000 for the construction business (100,000 for the agreed rules of contract) shall be determined as the counter-party to the contract.

B. On November 24, 2017, after the Plaintiff was determined as the counter-party to the instant construction in response to the instant tender, the Plaintiff entered into a contract for the instant construction project on November 27, 2017, with the date of commencement and completion as of December 26, 2017, and with the contract amounting to KRW 65,189,80 (hereinafter “instant contract”).

After December 20, 2017, due to the delay in the supply of lighting machinery companies, the instant contract was amended on January 31, 2018.

C. On February 14, 2018, after the completion of the instant construction, the Plaintiff requested the Defendant to modify the labor costum by attaching a detailed statement of labor cost applying night work, accusation work, etc., on the ground that the instant construction was calculated at a lower rate of the contract price, such as applying 60% of the standard production cost, etc. of the instant construction work, and the Plaintiff requested the Defendant to modify the labor costum. However, the instant contract was concluded by the total tender around February 28, 2018.

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