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(영문) 서울중앙지방법원 2018.06.20 2017나18513
손해배상(기)
Text

1. Of the judgment of the first instance between the Plaintiff and the Defendant Republic of Korea, the amount of payment order under paragraph (2) below.

Reasons

1. Basic facts

A. (i) The Plaintiff is a corporation that carries on the business of manufacturing and installing elevators from 483, 483, 00,000,000,000,000,000

The Administrator of the Seoul District Public Procurement Service under the Defendant Republic of Korea concluded a purchase contract (hereinafter “instant purchase contract”) with the Plaintiff on April 1, 2014, on the following terms and conditions: (a) the Defendant Company would contribute from the Defendant Company to its racing, 507 (Yancheon-gun-gun-gun-gun-gun-gun-gun-gun-gun-si), for the purchase of 8 elevators [20 passengers, 20 passengers forecast, 20 passengers forecast, 15 passengers for 15 passengers] (hereinafter “the instant elevator”).

Goods contract title: The delivery period of KRW 366,500,000: On June 30, 2014: The delivery period: the defendant company's inspection institution and the inspection institution: the end-user institution for the payment of goods: Article 27 (Cancellation or Termination of Contract due to Changes in Circumstances) of the General Conditions for the Purchase of Goods by Subrogation (Manufacture). (1) In addition to the cases falling under each subparagraph of Article 26 (1), the order-placing institution may cancel or terminate the contract when there are unavoidable circumstances of the order-placing institution objectively obvious, in addition to the cases of the subparagraphs of Article 26 (1).

(2) Where an agency awarding an order cancels or terminates a contract under paragraph (1), it shall pay the amount falling under the following subparagraphs to the other party to the contract within 14 days from the date of cancellation or termination:

In such cases, the contract bond under Article 7 shall be returned simultaneously.

1. An amount not paid among the amounts provided for in Article 22 (4);

2. Expenses incurred in collecting human resources, materials and equipment of the other party to the contract invested before the date of cancellation or termination of the contract for the completion of the manufacture of all goods;

B. On April 24, 2014, the Plaintiff requested the Defendant Company to change the two elevators for passengers with 15 passengers into two elevators for passengers with 30 passengers.

Dor. Defendant 2

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