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(영문) 대전지방법원 2021.01.27 2019가합102141
간접비
Text

1. From January 11, 2019 to January 27, 2021, Defendant Cheongju-si is the Plaintiff’s KRW 518,574,700 as well as its annual amount.

Reasons

1. Basic facts

A. On November 201, 2012, the Cheongdong-gu Public Procurement Service issued a public notice of bid for the instant construction project by setting the amount of KRW 22,07,326,00 (including value added tax; hereinafter the same shall apply), the estimated construction amount of KRW 22,07,326,00 (hereinafter the “instant construction project”), and the date of construction commencement as 1,080 (1,080) with respect to the “E improvement project” (hereinafter the “instant construction project”) with respect to the content that the D river of the section was maintained and implemented in the vicinity B through C, Cheongdong-gu, Seoul Special Metropolitan City.

2) The Plaintiff and the F Co., Ltd. (hereinafter “F”) constituted a joint supply and demand entity with the share of F, FFFF 73.15%, and Plaintiff 26.85% (hereinafter “instant construction supply and demand entity”) to participate in the instant construction project tender, and was selected as a successful tenderer.

B. On January 18, 2013, the contract officer for the instant construction project and the contract officer for the construction of the facilities of the Chungcheongnam-do Public Procurement Service entered into a contract for the instant construction project, setting the construction cost of KRW 14,885,964,794, and the construction period from January 25, 2013 to January 9, 2016 (1,080 days during the absolute construction period) (hereinafter “instant contract”).

G A. On January 7, 2013, Defendant Republic of Korea filed an application with Cheongju District Court 2013Kahap7 against Defendant Republic of Korea for the instant disposition prohibiting the continuation of the instant construction procedure, but the decision of dismissal was made on February 21, 2013.

As the date of commencement of the instant construction work was postponed on February 18, 2013 due to the instant provisional disposition, the instant contract was concluded to change the construction period from February 18, 2013 to February 2, 2016 (i.e., the absolute construction period 1,080) on the ground that “the extension of construction commencement due to a trial by the court of provisional disposition prohibiting the continuation of the procedures for tender by the Cheongju District Court” on August 22, 2013 (hereinafter “self-revision contract”). Accordingly, the instant construction period was extended by 24 days.

3) The Plaintiff on February 2015.

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