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(영문) 서울중앙지방법원 2014.11.19 2014가합517565

채무부존재확인

Text

1. The Plaintiff’s liability for indemnity under the guarantee insurance contract stated in the attached Form 1 against the Defendant exceeds KRW 80,000.

Reasons

1. Basic facts

A. The status of the parties is a company running a solar power generation facility business, etc. The defendant is an institution that operates a mutual aid business on bidding guarantee, contract guarantee, etc. of its members conducting electrical construction. The Public Procurement Service, which is an institution affiliated with the defendant's assistant intervenor (hereinafter referred to as the "Public Procurement Service"), is a government agency that takes charge of the procurement of government agencies, etc. and takes charge of tendering and contracting.

B. The supply contract with the Plaintiff and the Public Procurement Service and the guarantee insurance contract with the Plaintiff and the Defendant 1) The Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”).

Pursuant to the foregoing, between the Public Procurement Service and the Public Procurement Service on April 24, 2012, the contract amount of KRW 5,930,400,000 and the contract deposit of KRW 296,520,00 (hereinafter “instant contract deposit”).

() From February 24, 2012 to March 31, 2013, a contract was concluded to supply the Plaintiff’s solar power generation device to an end-user institution (hereinafter “instant supply contract”).

(2) The instant supply contract constitutes a multiple suppliers contract under Article 5 of the Procurement Act (hereinafter “Planning Act”) and Article 7-2 of the Enforcement Decree of the same Act.

The majority supplier contract is a supply contract with two or more parties to the contract where it is deemed necessary to meet the diverse demands of the procuring entity in purchasing demand commonly required by each procuring entity that receives goods from the Public Procurement Service. In the event that a multiple supplier contract is concluded, the supplier shall register the goods subject to the contract at the national master shopping mall site site (htp://shoping.g. 2b.go.m.r.) established by the Public Procurement Service as stipulated in the above contract, and the procuring entity shall supply the goods of the supplier at the above shopping mall.