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(영문) 서울남부지방법원 2014.11.11 2014가단205458
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 82,124,785 to the Defendant (Counterclaim Plaintiff) and its payment from August 9, 2014 to the date of full payment.

Reasons

1. The facts below are based on the following facts: (a) the plaintiff and the defendant did not dispute each other; or (b) Gap evidence Nos. 1-1, 2, 3, and 1-1 are acknowledged in full view of the purport of the whole pleadings.

Around December 2013, the Defendant made a public announcement of the following contents: (i) the bid to select an enterprise that will perform the Defendant’s work of constructing a staff accommodation (only from the following to the “instant construction work”) (only the basic amount of value-added tax for the total estimated prices, KRW 1.896 billion,00,000,000,000,000,000,0000,000,000,0000,000,000,0000,000,0000,000,000,0000,0000,000,000,000,000,000,0000,000,000,000,000

B. The Plaintiff participated in the instant bidding until January 13, 2014, which was the date of the deadline for bidding, and was selected as an enterprise subject to qualification examination. The tender submitted by the Plaintiff (hereinafter referred to as “instant tender”) is indicated under the title of “written notice of the payment of the bid bond without delay to the Defendant at the request of the Defendant, where there occurs any cause attributable to the National Treasury due to the Plaintiff’s failure to conclude the contract after being selected as the successful bidder in the instant tender without justifiable reasons.”

C. The defendant for the same year

2. Around April, 200, the Plaintiff notified the Plaintiff of the conclusion of the instant construction contract by the 6th day of the same month. However, the Plaintiff did not comply with the conclusion of the instant construction contract, and the Defendant did not conclude the instant construction contract without justifiable grounds, thereby making the bid bond.

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