채무부존재확인
1. Contract number B ( November 02, 2016) of the Plaintiff with respect to the Defendant, and C-Demand D-C-Demand D-based contract bond on September 29, 2017.
1. On November 2, 2016, the Plaintiff entered into a “D” contract with the Defendant’s Busan District Public Procurement Service (hereinafter “Public Procurement Service”) and C as the end-user institution (hereinafter “instant contract”) (the contract amount of KRW 87,829,200), 0.150%/day of delay compensation, 0.150% of the delivery period, 23 December 23, 2016, the manufacture and purchase of goods under contract characteristics (the State Contract Act), contract deposit, 8,782,920 won, and hereinafter “instant contract”).
However, as the Plaintiff failed to comply with the above delivery period, the Public Procurement Service consulted with the end-user institution as to whether to terminate the contract, and presented the Plaintiff’s opinion that it is necessary to maintain the contract and the end-user institution also extended the delivery date on April 24, 2017 as requested by the Plaintiff.
After that, the Plaintiff requested the Public Procurement Service to extend the respective delivery period on May 2, 2017 and June 9, 2017.
Upon receipt of the request of the Plaintiff for extension of the delivery deadline, the Public Procurement Service made a contract for each extension of the 1,2, and 3 occasions with the Plaintiff and the goods contract, and extended the delivery deadline to KRW 8,782,920, which is 10% of the contract amount. The Plaintiff submitted the performance guarantee insurance policy equivalent to the above contract amount to the Public Procurement Service.
After that, on July 31, 2017, the Plaintiff requested the Public Procurement Service to extend the fourth extension. On the request of the fourth extension, the Public Procurement Service, like the Plaintiff 1, 2, and 3, prepared a goods contract with the delivery deadline of the contract amount of KRW 8,782,920, which is 10% of the contract amount, and the delivery deadline of the contract was extended on August 29, 2017. However, the Plaintiff requested the Defendant to submit the performance guarantee insurance policy with the contract deposit of KRW 35,131,680, which is 40% of the contract amount, and the Plaintiff submitted the performance guarantee insurance policy with the contract deposit of this case to the Defendant.
The first extension of the guarantee insurance policy provided by the Plaintiff for the period of separate contract from November 2, 2016 to December 23, 2016, to December 23, 2016, from December 23, 2016 to December 23, 2016, from March 23, 2017 to March 24, 2017, from March 27, 2017 to April 24, 2017 to April 24, 2017 to May 31, 2017.