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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On March 2012, the Incheon Regional Government Procurement Service, upon a request for the purchase of, issued a public notice of bid to purchase the procurement commodities for the telephone facilities (co-exchange equipment) to be installed in the “personally peaceful forest” of the funeral hall where the project is being implemented by a general competitive bidding method, around March 2012.
B. On April 20, 2012, the Plaintiff selected as the successful bidder in the said bidding entered into a purchase contract with the Incheon Regional Government Procurement Service for the procurement commodities (hereinafter “instant contract”) with the following details.
(1) The name of the end-user institution: The name of the Gyeonggi-do Government. (2) The contract amount: the 666,505,880 won; the contract amount: the 66,650,590 won: the delivery period: May 15, 2012.
C. On December 28, 2012, the Plaintiff agreed to change the contract amount of the instant contract to KRW 661,510,000, and the delivery period to December 31, 2012.
On March 22, 2013, the Incheon Regional Government Procurement Service notified the Plaintiff of the rescission of the instant contract on the ground that the Plaintiff did not fully perform the instant contract until March 2013, 2013.
E. On May 6, 2013, pursuant to Article 31 of the Act on Contracts to Which a Local Government Is a Party on the ground that the Plaintiff entered into the instant contract with the Plaintiff and did not perform the contract without good cause (hereinafter “Local Contract Act”), Article 92 of the Enforcement Decree of the Local Contract Act, and Article 76 of the Enforcement Rule of the Local Contract Act, “not more than sanctions against unjust enterprisers whose participation in bidding is restricted for six months from May 15, 2013 to November 14 of the same year.”