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(영문) 수원지방법원안양지원 2019.11.22 2018가합101739

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, upon bidding, shall be provided with C equipment at the Seoul Regional Police Agency, the Gyeonggi Regional Police Agency, the Incheon Regional Police Agency, the Daejeon Regional Police Agency, the Daejeon Regional Police Agency, the Chungcheongnamnam Regional Police Agency, the Gyeongnam Regional Police Agency, the Daegu Regional Police Agency, the Gyeongbuk Provincial Police Agency, and the Jeju Special Self-Governing Provincial Police Agency (hereinafter “instant equipment”).

(2) On July 2012, the Plaintiff (former Company E) received a subcontract for the maintenance and repair of the instant equipment from the Defendant by July 2012, 2012, and directly provided the maintenance and repair of the instant equipment by entering into a negotiated contract with D institutions around July 2012, the Defendant entered into a contract with D institutions for the maintenance and repair of the instant equipment.

B. The Defendant’s discontinuance of business and the sales contract of the instant equipment between the original Defendant and D institutions for the year 2012, only until June 30, 2012, which is the date when the contract under the previous maintenance and repair services agreement between D institutions, was terminated, and the said business was desired to be terminated, but D institutions requested the Defendant to extend the contract until the next contractor was selected. Considering that there was no unilateral authority to terminate the contract, the Defendant provided the instant equipment maintenance and repair services until the next maintenance and repair business was selected. (2) The Defendant informed the difficulty in participating in the contract related to the instant maintenance and repair services on July 11, 2012, due to the difficulty in securing the human resources to perform the business.

Until the Korean National Police Agency handles the equipment already supplied, our cooperation will maintain and repair the equipment.