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(영문) 서울중앙지방법원 2017.06.29 2016가합15674

손해배상

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From October 1, 2010 to September 30, 201, the National Armed Forces Welfare Group under the Defendant issued a regular bid for the selection of a company that will deliver and sell goods (hereinafter “regular bidding”). The Plaintiff participated in the said bidding on August 13, 2010, and the Plaintiff concluded a contract for the supply of consigned goods with the content of supplying B from October 1, 201 to September 30, 201.

B. After that, the Plaintiff was unable to produce B due to the unexpected subordinate company’s dishonor, etc., and notified on August 24, 2010 that the National Armed Forces Welfare Foundation could not supply B within a fixed contract period, explaining such circumstances.

C. On February 8, 2011, the Armed Forces Welfare Group publicly announced a product substitution tender for a company that will select goods as a substitute for the goods by the pre-existing contract date (hereinafter “product substitution tender”). The Plaintiff participating in the said tender entered into a contract with the Armed Forces Welfare Group at that time to supply D (hereinafter “D”) instead of B intended to supply the goods to the pre-existing Korea Armed Forces Welfare Group, and supplied D (hereinafter “D”). From April to May 201, the Plaintiff supplied D to the designated Mat from around April 201.

On June 30, 201, the Armed Forces assessed the sales of goods supplied to the designated marina on the basis of the designation of the Armed Forces, and the goods supplied by the Plaintiff did not fall under the top 70% of the sales ranking within the small classification, and thus, the Armed Forces Welfare Group notified the Plaintiff that the contract is terminated after September 30, 201, because the Plaintiff’s goods were not selected as the funeral goods.

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 5, 8, 9, 16, 19, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

(a) unjust.