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(영문) 광주지방법원 2014.11.25 2014가단2414
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On January 2013, Defendant Pyeongtaek-si entered into an agreement on technical assistance with Defendant Echip Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with respect to the maintenance and repair of the administrative information network system (hereinafter “instant service”) in 2013, Defendant Pyeongtaek-si entered into an agreement on the provision of goods or technical assistance to the successful bidder of each of the instant services as a manufacturer or supplier. The main contents are as follows.

[Written Agreement on the Supply of Goods or Technical Assistance] (1) The Convention limits the scope of use for the supply of goods or technical assistance of this case.

(2) The scope of the supply of goods or technical support to the successful bidder by the defendant company among the above goods shall be the part which requires the supply ability of special capacity and quality reflected in maintenance contracts and business instructions.

The amount of an agreement on the scope of the supply of goods or technical support by a defendant company pursuant to Article 3 (Amount agreed upon) shall be between the amount of 28,415,100 won and the amount of 33,429,540 won agreed between the defendant Pyeongtaek-si and the defendant company, taking into account special ability, quality ratio, etc.

Article 4 (Issuance of Certificates of Supply of Goods or Technical Assistance) The successful bidder and the defendant company shall consult to provide goods or technical assistance to the extent that such consultation does not go against the scope of this Agreement, fair trade order, etc., and the defendant company shall issue to the successful bidder a letter of commitment to supply goods or technical assistance.

B. On February 15, 2013, Defendant Pyeongtaek-si announced the instant service announcement as follows.

【Public Notice of Tender】

3. Qualifications for participation in bidding;

(c) be submitted within seven (7) days after the conclusion of the contract with the original developer and supplier of the administrative information network system with a technical assistance commitment issued by him/her, and the contract is rescinded.

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