채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 8, 2013, April 19, 2013, and April 19, 2013, the Defendant announced a public announcement of the tender and re-tender on the lux SAE 40 (hereinafter “instant lux”) and decided as a successful bidder. Accordingly, the Plaintiff entered into the instant contract with the Defendant on May 16, 2013.
B. However, on July 29, 2013, the Plaintiff notified the Defendant that it was impossible to perform the contract on July 29, 2013, because it did not receive the test report of “FZG Lloadage 11, 51354,” which is an examination item, among the requirements for the lubal aboard of the instant contract, and on July 30, 2013, the Defendant expressed its intent to cancel the contract to the Plaintiff.
C. At the time of entering into the instant contract, the Plaintiff paid KRW 39,053,091 as the contract bond to the Defendant. According to the general conditions of the purchase contract applicable to the instant contract (Rules 120 of the Strategy and Finance Contract Rules), the contract bond shall be reverted to the National Treasury when the other party fails to perform contractual obligations without justifiable grounds (Article 8(1)).
[Reasons for Recognition] Unsatisfy, Entry of Evidence A 1 to 4, the purport of the whole pleadings
2. In light of the Plaintiff’s assertion that there was no domestic authorized testing institution to conduct the above test among the luxal luxal luxal lux, there was no alternative test method, not less than three months required to undergo a test conducted by a German authorized testing institution, and that it is difficult for the Plaintiff to conduct the test in light of the cost and test, the normal official test result required by the Defendant is not possible.
Therefore, the Plaintiff is not liable for failure to perform the instant contract, or there is no reasonable ground to believe that there is no liability for damages equivalent to the contract deposit. Even if the liability for household damages is recognized, the above circumstances and the Plaintiff already.