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(영문) 대전지방법원 2018.08.29 2017나111367

채무부존재확인

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1. The part against the plaintiff falling under the following of the judgment of the first instance shall be revoked:

The plaintiff is against the defendant.

Reasons

In fact, on May 11, 2012, the Plaintiff entered into a contract with the Defendant to supply sports facilities with the contract amount of KRW 3,320,850,00,00, the contract period from May 11, 2012 to March 31, 2014 (the extended contract period to April 30, 2014), the contract deposit of KRW 49,812,750, and the contract deposit of KRW 49,812,750 (hereinafter referred to as “first contract”). On December 4, 2013, the Plaintiff entered into a contract with the Defendant to supply the sports facilities facilities (the contract period of KRW 1,714,287,00,00, the contract period of KRW 1,714,00,00, from September 28, 2012 to September 30, 2014).

The attached documents of the 1 and 2 contracts include the general conditions of the purchase of goods (manufacture) contract, the special conditions of the contract with multiple suppliers, etc., and the main contents are as shown in the attached Form 2 1 and 2 contracts.

The nature of the first and second contracts and the procedures for their implementation shall be both Article 5 of the Government Procurement Act (hereinafter referred to as the "Government Procurement 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 if it is deemed necessary to satisfy the diverse demand of the demanding administrative agency in purchasing demand commodities commonly required by each demanding administrative agency, if it is deemed necessary to satisfy the various demand of the demanding administrative agency.

When multiple suppliers enter into a contract, the contracting company posts contract goods on the national master shopping mall site (htp://hoping.g2b.go.r.) established by the Public Procurement Service, and if the procuring entity requests perusal and delivery of the contract company's product information in the above shopping mall, the supply procedure is actually conducted.

The plaintiff's revocation of direct production verification, the termination of the defendant's first and second contracts, and the Korea Federation of Small and Medium Business claiming the payment of deposit, are directly owned by the plaintiff on April 17, 2014.