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(영문) 서울중앙지방법원 2017.04.21 2016가단5226113
채무부존재확인
Text

1. The Plaintiff’s obligation to pay the Plaintiff’s contract deposit under the purchase contract concluded on March 9, 2016 between the Plaintiff and the Defendant.

Reasons

1. Basic facts

A. On March 9, 2016, the Plaintiff entered into a purchase contract with the Defendant (the Armed Forces Finance Management Body of the Korea Armed Forces) for the supply of Class 89 products spent for the operation of pathology equipment to be used in the Armed Forces Capital Hospital as the contract amount of 247,871,50 won, the contract deposit of 24,787,150 won, the contract period and the delivery period from March 9, 2016 to December 31, 2016 (hereinafter “the purchase contract of this case”).

B. The purchase contract of this case is accompanied by a detailed statement of calculation in which the kind, unit price, quantity, etc. of the goods to be supplied are indicated.

C. The Plaintiff entered into a performance guarantee insurance contract that guarantees the payment of 24,787,150 won as a contract bond with the Seoul Guarantee Insurance, and issued a guarantee from the Seoul Guarantee Insurance, and submitted it to the Defendant.

After entering into the purchase contract of this case, the Plaintiff supplied goods of KRW 83,443,170 on eight occasions from March 23, 2016 to June 22, 2016, according to the order of the National Armed Forces Waterworks Hospital, which is a consumer.

E. On July 20, 2016, the Plaintiff notified the Defendant of his intention to make it difficult to carry out the instant purchase contract with the financial standing and to waive the contract.

F. On August 22, 2016, the Defendant notified the Plaintiff of the Plaintiff’s nonperformance of contractual obligation in Seoul Guarantee Insurance, and claimed payment of KRW 24,787,150 of the insurance money equivalent to the contract deposit.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including additional number), the purport of the whole pleadings

2. Article 12 of the Act on Contracts to Which the State is a Party (hereinafter referred to as the “State Contract Act”) (1) The head or a contracting officer of a central government agency shall require a person who intends to enter into a contract with the State to pay the contract bond;

(3) The head or a contracting officer of a central government agency shall conclude a contract.

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