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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 24, 2004, the Plaintiff asserted that the instant claim is the cause of the instant claim; the Defendant (the Public Procurement Service) entered into a contract for container distribution construction (long-term Continuous Contract) with an end-user institution of Incheon Metropolitan City, Incheon Metropolitan City and the total construction amount of construction amount of construction KRW 39,254,00,000, and the construction period of KRW 2,520, and the Plaintiff entered into a contract for container distribution construction (long-term Continuous Contract) with the construction period of KRW 2,520. The Plaintiff asserted that the claim for the construction payment of the above construction amount, which the Defendant had, was issued with the Incheon District Court 2015,619,821 with the claim amount of KRW 315,61,00,000,100 with the total construction amount of construction amount
In this regard, the defendant asserts that the Incheon Metropolitan City shall pay the above construction price, and that the Incheon Metropolitan City shall have the obligation to pay the above construction price in accordance with the provisions of the laws and regulations on the procurement business.
2. In full view of the purport of the evidence Nos. 1 and 2 of the judgment and the whole arguments, Incheon Metropolitan City, upon request of the Administrator of the Public Procurement Service to conclude a container distribution construction contract under its jurisdiction, concluded a contract with an end-user institution with the Incheon Metropolitan City as a model comprehensive construction, etc., and Article 2(2) of the Special Conditions for the Construction Contract incorporated into the above construction contract provides that "the head of the end-user institution (including a public official delegated by him) shall be regarded as a contracting officer, except as otherwise expressly provided for in the above Special Conditions for the Construction Contract, such as construction commencement, supervision, subcontract management, subcontract management, inspection, disaster prevention measures, takeover, defect management, etc.," and pursuant to these provisions, Incheon Metropolitan City directly pays the price for the rupture construction under the above container distribution contract to the Jinjin comprehensive Construction, etc. at the time of the conclusion of the above construction contract.