계약상대자지위확인청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the basic facts may be acknowledged, either in dispute between the parties, or in full view of the statements in Gap evidence Nos. 1 to 12 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 15, and the special headquarters of this court, each fact inquiry reply to the Agency for Defense and Quality, and the whole purport of the arguments as a result of each fact inquiry reply to the Agency for Defense and Technology.
On May 29, 2013, the Defense Acquisition Program Administration under the defendant issued a notice of tender to the Special Electric Power Headquarters under the defendant (hereinafter referred to as the "Special Electric Power Headquarters") by means of electronic bidding, including a brupted lock, and the plaintiff participated in the above bidding and was determined as a successful bidder after the qualification examination.
Accordingly, on June 10, 2013, the Plaintiff and the Defense Acquisition Program Administration entered into a contract to purchase goods on June 10, 2013, 62,847,468 won (Article 4,103), 136,167,720 won (Article 5,730), total of 199,015,188 won, and September 30, 2013 and January 8, 2014 (State bond budget).
(The key part of the above contract is the part related to the special use of the wall, and this part is referred to as the "instant contract". (2)
Upon entering into the instant contract, the Plaintiff and the Defense Acquisition Program Administration agreed that ① specifications, ③ general terms and conditions of the purchase of goods (manufacture), ④ special terms and conditions of the contract, ⑤ the request for the purchase of the packages (hereinafter referred to as “instant request for purchase”) in addition to the goods contract.
The relevant parts of the contract special conditions applicable to the instant contract are as follows.
Section 7 (Supervision and Inspection) The form of quality assurance and the quality assurance agency under the above provision shall be as follows:
The former product, quality guarantee type 1, and the Agency for Defense Technology and Quality Assurance and Quality Assurance(5) shall have the following obligations by the type of quality guarantee:
1. Simple product type B (type 1) shall be the quality assurance certificate, the final product inspection, and the quality assurance certificate of its own or of its issuance as required for quality assurance;