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(영문) 서울남부지방법원 2015.05.29 2014가단230140

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with the Public Procurement Service with multiple suppliers, and registered the product information on lids at the national market site.

B. When the Defendant ordered the construction of underground water pipes and additional waterways to the light asbestos, etc. at Ysan-si (hereinafter “instant construction”), the Defendant, on April 9, 2012, requested the Public Procurement Service to determine the number of large-scale lids 250 (356,400 won per unit) as of October 30, 2012 as of the delivery date and to place orders to the Plaintiff.

C. On August 19, 2014, the Defendant rejected the receipt of 187 goods among the large-scale lids ordered by the Defendant (hereinafter “instant goods”).

[Reasons for Recognition: Facts without dispute, Gap 3's evidence 1, 2, 3, 9's evidence, Eul's evidence 1, the purport of the whole pleadings]

2. Assertion and determination

A. The plaintiff's assertion 1) The plaintiff completed the manufacture of the goods of this case in accordance with the contents of the plaintiff's assertion and received the decision after passing through the Korea Free Trade Organization Certification Center, an incorporated specialized inspection institution, and provided performance in accordance with the principal place of debt, such as notifying the defendant to receive it. However, the defendant demanded the plaintiff to unilaterally change the quantity of 250 lids necessary for the construction of this case from 250 to 63 lids, and unilaterally demand the plaintiff to accept the goods of this case without justifiable grounds, and thereby causing losses to the plaintiff's failure to receive the goods from the Public Procurement Service. This constitutes a third party's claim infringement because the defendant intentionally refused to receive the goods of this case and thereby infringed the plaintiff's claim for the goods of this case against the Public Procurement Service. Accordingly, the defendant is liable to compensate the plaintiff for damages (356,400 won x 187).2) The defendant's argument that the plaintiff's lids manufactured by the defendant, based on the reasons for refusal of the manufacturing specifications of the defendant, etc.