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(영문) 서울중앙지방법원 2017.06.16 2016가단5227123

채무부존재확인

Text

1. The Plaintiff’s obligation to pay the contract deposit under the purchase contract of the goods dated May 26, 2015 to the Defendant is KRW 42,65,956.

Reasons

1. Basic facts

A. On May 26, 2015, the Plaintiff entered into a purchase contract with the Defense Acquisition Program Administration under the Defendant for the following terms (hereinafter “instant contract”).

(1) A person who intends to conclude a contract on the aggregate of the contract deposit of KRW 2,126,824,437,890 on July 1, 2015 through June 30, 2016 to the notice of supply of goods, as stipulated in Article 3 of the Enforcement Decree of the Act on the Purchase of Goods, shall conclude a contract deposit with the State within the limit of 1,060,425,534 won per year of the unit price per item, the unit price per item, the contract number of which is 2,126,824,437, the contract price of KRW 106,639,890,00,000 from July 1, 2015 to June 30, 2016, as stipulated in Article 3,060,960,9507, 2060,425, 384, 296, 276, 297

Article 8 (Disposition of Contract Bond) (1) A contracting officer shall revert a contract bond to the National Treasury, if the other party to the contract fails to perform any contractual obligation without justifiable grounds.

Article 9 (Adjustment of Quantity) A public official in charge of contracts may, if necessary, change the quantity of the goods contracted within the extent of 10/100.

Provided, That if a contracting officer deems it inevitable in consideration of the supply and demand of the relevant goods, he/she may change the contract quantity in excess of 10/100 with the consent of the other party to the contract.

(1) If the other party to a contract falls under any of the following subparagraphs, a public official in charge of contracts shall cancel or terminate the contract due to any cause attributable to the other party to the contract: