국고귀속금반환 청구의 소
1. The Defendant shall pay to the Plaintiff KRW 103,213,980 and the interest rate of KRW 15% per annum from August 9, 2017 to the date of complete payment.
1. Under the Framework Act on the Construction Industry, the Plaintiff is a specialized construction business entity registered as a machinery facility construction business entity, and produces air conditioners, cold and hot gas conditioning, freezing, etc.
On August 26, 2014, air conditioners produced by the Plaintiff were designated as excellent goods of the Public Procurement Service. On November 18, 2014, the Plaintiff entered into a contract with the Public Procurement Service and a third party unit price contract (hereinafter “instant contract”) with the term “6,843,72,000 won for contract period, and the term of contract “from November 18, 2014 to November 13, 2016,” and registered air conditioners in a national funeral shopping mall.
The Plaintiff paid KRW 136,874,440, which is equivalent to 2% of the above contract amount under the contract of this case, as the contract bond, and submitted it to the Public Procurement Service upon obtaining a contract guarantee equivalent to the above amount from the Korea Facilities Construction Guarantee Association.
The Public Procurement Service notified the Plaintiff of the suspension of the validity of the designation of excellent products with respect to air conditioners through the official door dated December 13, 2016, and through the official door dated December 27, 2016, "the certificate of direct production by the Small and Medium Enterprise Federation" (hereinafter "the certificate of direct production by the Small and Medium Enterprise Federation") as of November 3, 2016 is "the certificate of this case".
The Plaintiff notified the Plaintiff that the instant contract was terminated on the ground that it was revoked. On December 28, 2016, the Public Procurement Service notified the Plaintiff that the contract bond should be reverted to the National Treasury in the case of the remainder of the contract bond, which remains after deducting the rate of the Plaintiff’s completion of the performance, from the contract bond of this case. The Plaintiff notified the Plaintiff that the Korea Facilities and Equipment Construction Mutual Aid Association filed a claim for reimbursement of KRW 103,213,980. The Plaintiff first issued a payment notice for KRW 103,213,980 upon the request of the Public Procurement Service to revert to the National Treasury on May 11, 2017, on the ground that there is concern that the said amount would not be issued by the Korea Facilities and Equipment Construction Mutual Aid Association, and that the Plaintiff would not be issued a new contract guarantee in the event of reimbursement to the Plaintiff.