(영문) 서울중앙지방법원 2018.09.19 2017가단5152837

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(영문) 서울중앙지방법원 2018.09.19 2017가단5152837

채무부존재확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 20, 2017, the Defendant issued a public announcement of tender on January 20, 2017 to carry out the “improvement of the qualifying examination project website”, and the Plaintiff was selected as a priority bidder in the tender.

After consultation with the Plaintiff, the Defendant concluded a service contract on March 13, 2017 regarding the “improvement of the qualifying examination project website” (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 3 (Period of Contract) The term of the contract for this service is from March 13, 2017 to August 13, 2017, and the Plaintiff shall proceed with all matters related to the service at the place designated by the Defendant within the contract period.

Article 4 (Contract Amount) The contract amount of this service shall be 44,800,000 won (including value-added tax).

Article 5 (Advance Payment, etc.) of the aggregate of KRW 44,800,000 after completion of the service at the time of application for advance payment of KRW 22,40,000 (within 50% of the contract amount) for advance payment of KRW 22,40,000 (within 50% of the contract amount) ⑤ In any of the following cases, the defendant may claim the return of the advance payment to the plaintiff, and the plaintiff must comply with it without fail:

1. Where a contract is rescinded or terminated, if the Plaintiff falls under any of the following subparagraphs, the Defendant may unilaterally rescind the whole or part of the contract:

1. Where it is impossible or it is obviously deemed inevitable to install or supply the relevant goods within a contract period due to the uncertainty or lack of capacity of the installation or supply of such goods;

2. Where the Plaintiff refuses to comply with the submission of the documents requested by the Defendant for the performance of this service, or any other request for cooperation, without justifiable grounds, the Plaintiff under Article 12 (Contract Deposit) shall pay to the Defendant at the time of entering into a contract more than 10/100 of the contract amount.

Article 13 (Reversion of Deposit for Contract) The defendant shall either violate this Agreement or make a contract.

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