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(영문) 춘천지방법원 2016.08.17 2015가단52797
식기세척기철거 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 20, 2013, the Army B unit of the Republic of Korea (hereinafter “Plaintiff”) issued the first announcement of the announcement of the tender to enter into a service agreement for the rental of the food washing machine on August 20, 2013, and publicly announced the “food washing machine directly manufactured, sold, and leased business, and the food washing machine must be a product certified by electrical safety” as a qualification for participation in the tender; and the “food and electrical safety certificate” as a document submitted by the Defendant. Although the Defendant registered the “C”, a business operator registered and operated the business, and the State’s hidden bid, it was found that the failure to submit the food washing machine certificate was caused by failure to submit

B. Accordingly, the Plaintiff participated in the Defendant’s “C” bid and participated in the bidding on August 26, 2013, and failed to reach the bid.

C. After that, on September 13, 2013, the Plaintiff issued a tender announcement in order to conclude a rental service contract for the food washing machine again, but among the two enterprises participating in the tender registration, the Plaintiff submitted the specifications and certificate of qualification for the Defendant only and the certificate of qualification for the electrical safety and failed to pass the bid.

After that, on October 24, 2013, pursuant to Article 7(1) of the Act on Contracts to Which the State is a Party and Article 27(1)2 of the Enforcement Decree of the same Act, the Plaintiff entered into a contract for the rental of the washing machine with the Defendant for the total amount of KRW 22,448,00,000, total amount of KRW 404,064,000, the contract term from October 24, 2013 to October 31, 2016 (hereinafter “instant contract”). The main contents of the contract special condition attached to the instant contract are as follows:

Article 5. Special Conditions of Contract for Lease of Washingers: the other party to the contract

1. The terms and conditions of the terms and conditions of the contract for the lease of the food washing machine must be met and the contract shall be terminated when the conditions of the contract are not fulfilled.

5. (Instrue) The defendant must establish a product that has undergone on-site testing operation evaluation (on-site inspection evaluation) of the plaintiff.

Article 6 Payment / Terms and Conditions of Contract Period

5. The Plaintiff is responsible for installation and removal due to changes in the contract.

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