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1. The Plaintiff’s obligation to pay the contract deposit under the purchase contract of September 8, 2015 to the Defendant is KRW 77 million.
Reasons
1. Basic facts
A. On September 8, 2015, the Defendant entered into a purchase contract with the Plaintiff on the purchase of goods with the content that the following items (hereinafter “instant contract”) are to be supplied by the Plaintiff as KRW 1,102,812,096 for the goods, contract deposit of KRW 110,281,209 for the goods, and unit price of KRW 12,182 for the goods to be supplied by the Plaintiff (hereinafter “instant contract”).
The following termination provisions exist in the instant contract.
(1) Where the other party to a contract falls under any of the following subparagraphs, a contracting officer may cancel or terminate all or part of the relevant contract:
1. When the other party to the contract refuses or fails to complete the delivery period (or extended delivery period) of goods such as the contractual specifications, etc. within the contract;
2. Where it is deemed evident that there is no possibility of delivery on the remaining date due to a cause attributable to the other party to the contract.
B. In order to secure the contract bond under the instant contract with the Seoul Guarantee Insurance Co., Ltd., the Plaintiff entered into a performance guarantee insurance contract with the Defense Acquisition Program Administration, the purchase price of insurance, KRW 110,281,209, and the insurance period from August 31, 2015 to October 1, 2016, and issued a guarantee from the Seoul Guarantee Insurance Co., Ltd., and issued it to the Defendant.
C. Until November 2015, the Plaintiff supplied the Defendant with 26,900 combat clothes of this case (per equivalent to KRW 327,695,800), but did not supply any more combat clothes due to the company’s circumstances.
On March 4, 2016, the Defendant notified the Plaintiff of his intent to terminate the instant contract on the ground of the Plaintiff’s nonperformance, and the notification was served on the Plaintiff around that time.
E. Afterward, the Defendant claimed payment of KRW 110,281,209 to Seoul Guarantee Insurance Co., Ltd.
recognized.