beta
(영문) 수원지방법원 2018.06.22 2016나76336

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of controlling access, security, and method construction using the automatic control device, and the Defendant is a company that runs the business of manufacturing and selling the access management system.

1.6.The construction work is to confirm the feame of this point and to participate in the tender, as the items to which the contract for the manufacture and technical assistance was entered into and the amount of the consultation would amount to approximately 70 per cent of the total construction contract.

In addition: 14.3. This case is about 70% of the total contract for the construction work, as the amount of the goods supply and technology support agreement entered into with a procuring entity with a manufacturer (supplier).

B. On May 2015, the Republic of Korea (a contracting agency: the Seoul Regional Government Procurement Service, and the authority awarding contracts: the National Assembly Secretariat) announced the announcement of the construction of “the National Assembly vehicle access control facility replacement works” (hereinafter “the instant construction works”) including the following:

C. On May 2015, the agreement on the supply of goods and technical support attached to the said tender announcement was prepared between the National Assembly Secretariat of the Republic of Korea, which is an ordering agency, and the Loenna Co., Ltd., Ltd., which is a manufacturer and a supplier (hereinafter “Nenna”), and the details thereof are as follows.

Article 1 (Purpose) The purpose of this case is to facilitate the supply of goods and technical support to successful bidders of the construction of this case.

Article 3 (Amount of Convention) The amount of the Convention on the Scope of Goods Supply and Technical Support to Successful Bidders shall be 226,50,000 won in consultation with the ordering agency and the manufacturer and supplier in consideration of special capacity, quality ratio, etc.

Article 2 [Scope of Implementation of Contracts] The scope of performance of the contracts to be performed by the plaintiff shall include all the requirements of the Secretariat of the National Assembly and all the requirements of the Secretariat of the National Assembly.

Provided, That if necessary, part of the content of supply may be changed according to the agreement between the defendant and the plaintiff.

Article 4 (Terms of Contracts) 1 A.