손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff responded to the Defendant’s tender announcement on June 11, 2015 (hereinafter “instant tender announcement”) regarding the purchase of facsimile machines and was selected as a successful bidder.
On June 22, 2015, the Plaintiff: (a) 63,836,935 won for contract; (b) 6,383,693 won for contract; (c) 0.15% for delay; (d) 71% for delay until July 24, 2015; and (e) 29 parts for facsimile until July 31, 2015;
On November 30, 2015, one purchase contract was concluded to supply each other by November 30, 2015.
(hereinafter “instant purchase agreement”). (b)
around July 24, 2015 and July 29, 2015, the Defendant urged the Plaintiff to supply 71 facsimiles by July 31, 2015.
As the Plaintiff failed to supply 71 facsimiles within the deadline, the Defendant notified the Plaintiff on August 6, 2015 that the instant purchase contract would be cancelled on the grounds of delay in supply (the notice).
C. Article 8(1) of the General Conditions for the Purchase of Goods (Manufacture), which is the content of the purchase contract of this case, provides that “If a contracting party fails to perform his/her contractual obligations without any justifiable reason, the contractual party shall revert to the National Treasury the contract bond.” Article 25(1) of the Special Conditions for the Standard Contract for the Purchase of Goods provides that “Where any of the causes attributable to the contract bond, the deposit for return of advance payment, the deposit for return of advance payment, the deposit for return of advance payment, and the deposit for government-funded goods occurs,
Pursuant to the above provisions, the defendant shall revert the plaintiff's contract bond of KRW 6,383,693 to the National Treasury, and requested the Information and Communications Mutual Aid Association, the guarantee agency.
[Evidence Evidence] Unsatisfy, A5-9, B 1-5
2. The plaintiff's assertion
A. The Defendant’s revocation of the instant purchase contract without imposing penalty for delay after the lapse of the first delivery date is unlawful.
B. The specific entity is a special equipment used in the military unit, with the time limit for delivery of the instant facsimile, which is set for 30 days.