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(영문) 서울동부지방법원 2018.07.26 2017가단143145
공사대금 반환 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a procuring entity (contractor) of the construction work for the first stage of the facility modernization project of the village market (hereinafter “instant construction work”). The Defendants constitute a joint supply and demand company (5% of the Defendant Daelim Industry Co., Ltd., Defendant Han-si Development Co., Ltd., Defendant Korea Development Co., Ltd., Defendant 30% of the Defendant Co., Ltd., and 15% of the Defendant Co., Ltd.)

Pursuant to Article 5-2 of the former Public Procurement Act (amended by Act No. 11461, Jun. 1, 2012), the instant construction project is a construction project for which the head of the procuring entity shall request the Administrator of the Public Procurement Service to conclude a contract for construction.

On June 21, 2011, the Administrator of the Public Procurement Service (Korea) concluded a contract for the instant construction project with the Defendants as the Plaintiff on June 21, 201, setting the total contract amount of KRW 129,978,132,90 and the total construction period from June 21, 201 to October 22, 2014, with the Defendants as the Plaintiff.

(hereinafter “instant contract”). (b)

After that, there have been changes in the total of six times, the Plaintiff and the Defendants entered into an amended contract directly on six occasions. The total contract amount of the instant contract was 146,248,91,000 won, and the total construction period was changed until February 6, 2015.

(hereinafter “each of the instant modified contracts”). The date of conclusion, modified contract amount, etc., of each of the modified contracts following a design modification are as listed below:

The total contract price of the instant construction was modified in the process of the design modification and modification contract more than six times, and the increase or decrease in the cost of all the construction works, such as material cost, labor cost, and expenses, is included therein.

The Defendants again calculated the direct labor cost based on the modified design for each number of vehicles, and presented the increased amount, and the Plaintiff entered into each modified contract as it is.

At the time of conclusion of the instant contract, the Plaintiff and the Defendants calculated the indirect labor cost as KRW 5,020,087,785 by applying the formula of material cost x 5.408% x 9.7%.

Since then, each of the instant cases.

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