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(영문) 서울중앙지방법원 2018.08.30 2017가합520401
용역비
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is a company established for the purpose of conducting civil engineering, construction investigation, measurement, design, etc. (2) The Defendants are companies established for the purpose of engaging in general works, such as civil engineering and construction.

B. On December 26, 2012, the Plaintiff and the Defendants: “The name of the construction project: F (hereinafter “instant construction project”); the outline of the construction project; the extension: 5.76km; the construction site: H surface, budget amount (including value added tax); 220,216,000, and construction period: 2,100 days; 2) the Plaintiff announced the tender for the instant construction project on April 23, 2013; 3) with respect to the basic design service for the instant construction project, “the contract amount: 1,125,100,000 (in addition: 5.4m) and the basic design service contract for the basic design service for the instant construction project from the south-si to the date on which the contracting authority is selected as an eligible person for the execution design from the date of notification of the contract term.”

3) The Plaintiff, in charge of I’s design in accordance with the above basic design service contract, examined I’s B B B B B B B B B B in consideration of the following B B B B B B B B B B B B B B. The Plaintiff adopted the IL type as more superior in terms of minimizing environmental pollution, reducing upper level of opening, and stabilizing driving safety, and submitted the Defendants’ basic design performance products to the Defendants on April 29, 2013. (iv) The Defendants participated in the bid of the Korea Expressway Corporation by organizing a joint supply and demand organization. On June 4, 2013, the Korea Expressway Corporation selected the Defendants as eligible for the instant construction work.

C. On October 25, 2013, the Plaintiff and the Defendants entered into a working design service contract for the design of the Plaintiff and the Defendants. On October 25, 2013, the Plaintiff submitted the outcome of the working design in the form of ILM to the Defendants. 2) The Korea Highway Corporation, while deliberating on the eligibility of the working design, provides the Defendants with “PSC M form” from “ILM form.”

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