물품대금반환 및 손해배상청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. In the first instance court, the Plaintiff filed a claim against the Defendant for restitution according to the cancellation of the contract, a claim for damages equivalent to the cost of removing the pumps, a claim for restitution of unjust enrichment equivalent to the cost of cutting off the pumps, or a claim for restitution of unjust enrichment. The court of first instance dismissed the Plaintiff’s claim for restitution, and partly accepted the remainder.
Accordingly, the Plaintiff filed an appeal against the part against the Plaintiff, and the Defendant filed an appeal against the part against the Defendant, and the Plaintiff withdrawn the appeal on July 24, 2018, while the appeal is pending.
Therefore, the scope of this court's adjudication is limited to the part against the defendant among the judgment of the first instance.
2. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, except for the following changes or additions.
3. Amendment of the Act. On the 9th 10th 10th 10th 1 of the judgment of the first instance, the Defendant, according to the instant purchase contract, issued a contract guarantee insurance certificate from a DF and submitted it to the Republic of Korea (the Public Procurement Service), and the Republic of Korea (the Public Procurement Service) received insurance money of KRW 23,900,000 from the above contract guarantee insurance money after the cancellation of the instant purchase contract, thereby compensating the Defendant for damages incurred due to the Defendant’s nonperformance, and thus the Defendant is not obliged to compensate
In full view of the overall purport of the pleadings, Article 7(1) of the General Conditions for Purchasing Goods (Manufacture), which is the established rules of the contract of the Ministry of Strategy and Finance incorporated into the purchase contract of this case, provides that a person who intends to enter into a contract shall pay a contract deposit by cash or letter of guarantee, etc. by the contract date, and Article 8(1) of the same Act provides that the contracting officer shall pay the contract deposit without justifiable grounds.