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(영문) 서울남부지방법원 2016.06.15 2015가단234569
부당이득금
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 May 16, 2013, the Plaintiff distributed a public notice of tender (hereinafter “instant public notice of tender”) with the following details in order to select a construction project for the installation of the Gangnam Resource Recovery Facility (hereinafter “instant construction project”), which is a company operating the Gangnam Resource Recovery Facility upon entrustment by the Seoul Special Metropolitan City.

1. Matters referred to the tender;

(a) Construction name: The work of installing air conditioners in the facilities for collecting Gangnam Resources;

(d) Scope of work: see specifications;

(e) Basic amount: 350,460,000 won (including surtax);

3. Bidding methods;

(a) The tender is the total tender and is the subject of the qualification examination.

4. The site descriptions and design inundation.

(a) This Corporation shall omit the site descriptions and substitute them for a perusal of design documents.

Damage and liability arising from the failure to peruse the design shall be borne by the bidder.

(2) The Defendant was awarded the instant construction contract. On June 3, 2013, the Plaintiff and the Defendant concluded the instant contract for the instant construction project (hereinafter “instant contract”) with the total amount of KRW 307,364,690 (including surtax), and the main contents thereof are as follows.

Article 2 [Definitions] of the General Conditions of Contract for Construction Work

6. The term “design” means construction specifications, design drawings (including where a bill of quantity is prepared), and site descriptions.

7. The term "bill of quantity of quantity" means a detailed statement of items or items constituting the objects by type of work, and the size, quantity, unit, etc. of the same items or items;

9. The term "statement of calculation" means a detailed statement submitted by a contractor to a contractor after stating unit price in a bill of quantity of materials;

Article 3 [Contract Documents] (1) Contract documents shall consist of contract documents for private construction works, general conditions of contract for private construction works, special conditions of contract for construction works, design documents and calculation sheets, and shall have the effect of mutual supplementation.

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