(영문) 서울고등법원 2015.07.01 2014나2005195

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자간(%)

(영문) 서울고등법원 2015.07.01 2014나2005195

물품대금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "Co-ownership" shall be added to "Co-ownership", "or MOPS price" shall be added to "Article 58", "Article 59" shall be read as "Article 58", "the plaintiff" shall be read as "the defendant", and "the plaintiff" shall be read as "the defendant", "the second part of the judgment" shall be the same as the second part of the judgment of the court of first instance, and the second part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. 1) As to the Defendant’s assertion, Article 6(1) of the Enforcement Rule of the State Contracts Act provides that the Defendant’s assertion that the content of the purchase contract of this case constitutes the content of the purchase contract of this case shall include material costs, labor costs, expenses, general management expenses, and profits in determining the estimated price at the price calculated by cost accounting in the case of construction, manufacture, purchase (excluding the purchase of imported goods), and services.

Except as otherwise expressly provided for in this condition, Article 2 subparag. 3 of the General Conditions for the Purchase of Goods (Manufacture), the Enforcement Decree of the Act on Contracts to Which the State is a Party, the special provisions of the Enforcement Decree of the Act on Contracts to Which the State is a Party for Specific Procurement, the Enforcement Rule, the Enforcement Rule, and the Rules of Contracts. Article 3(2) provides that a contracting officer may enter into a contract with a special condition for the purchase of goods if necessary for the appropriate implementation of the contract in addition to the general provisions of the contract, other than those of the Acts and subordinate statutes concerning contracts to which the State is a Party, the Acts and subordinate statutes concerning the purchase of goods (manufacture), and the general provisions of the contract,

Article 6 (1) of the Enforcement Rule of the State Contracts Act shall be amended.

참조조문

-국가를 당사자로 하는 계약에 관한 법률 시행규칙 제6조 제1항

-국가를 당사자로 하는 계약에 관한 법률 시행령

-민사소송법 제420조

-특정조달을 위한 국가를 당사자로 하는 계약에 관한 법률 시행령 특례규정

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