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(영문) 서울중앙지방법원 2018.12.18 2017가단5052081

물품대금

Text

1. Defendant Republic of Korea: 23,929,00 won to the Plaintiff and 6% per annum from March 29, 2016 to March 14, 2017.

Reasons

1. Basic facts

A. On August 5, 2015, the Plaintiff entered into a contract under a negotiated contract (Article 26 (1) 4 (d) of the Enforcement Decree of the State Contracts Act) with a party to the State (hereinafter “the State Contract Act”) pursuant to the Act on Contracts to Which the State is the Defense Acquisition Program Administration (hereinafter “Defendant Republic of Korea”) for the purpose of supporting medical expenses, living expenses, employment promotion, and livelihood basis for low-income groups in need of living protection (hereinafter “instant commodity contract”). The Plaintiff entered into a contract to manufacture and deliver the instant goods under a negotiated contract (Article 26 (1) 4 (d) of the Enforcement Decree of the State Contracts Act). The name of the goods of the instant goods contract: The additional amount of Article 480,853,25 won (20,095, unit price: 23,929: Contract deposit): The Plaintiff may rescind all or some of the contract terms and conditions for the purchase of the instant goods from the date of termination to the date of termination to the date of termination to the date of termination to the contract.

7. Where terms and conditions of a contract are violated and the purpose of the contract is deemed impossible to be achieved due to such violation.

Article 18 (subcontract) of the Special Conditions for Goods Purchase Contract. (2) Where the other party to a contract has a third party manufacture or process some parts or processes of goods under a contract, the contracting officer shall be determined.