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(영문) 서울중앙지방법원 2016.11.22 2015가단5068662
물품대금
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. On May 7, 2014, the Plaintiff was selected as a successful bidder in a general competitive bidding regarding “three control towers” that was conducted by the Gyeongnam Regional Procurement Service under the jurisdiction of the Defendant at the request of the Maritime Headquarters for the purchase of goods at the Maritime Headquarters, and entered into a purchase contract with the Defendant for the following items (hereinafter “instant contract”).

Contract name: 34,511,580 won delivery period for control towers: On-the-spot delivery condition on November 30, 2014: A Maritime Headquarters inspection agency and tallying agency: A demanding administrative agency: A Maritime Headquarters inspection agency and tallying agency:

B. The terms and conditions of the purchase of goods (manufacture) contract that forms the contents of the instant contract and the details of the parts related to the instant case among the additional special conditions under the condition of trial operation are as follows.

Article 13 (Standard) (1) The specifications of all goods shall conform to the specifications specified in the contract, specifications number, and samples presented by the agency awarding the contract, and shall conform to the purchase purpose.

(2) Where the contractual standards are not specified, goods which conform to the commercial customs, technical feasibility, purchase specifications, etc. shall be solid and non-kick.

Article 19 (Inspection) (1) Upon completing a contract performance, the other party to the contract shall notify the public official in charge of contracts of such completion in writing and undergo necessary inspections.

The same shall apply where a person wishes to pay the whole or part of the price prior to the full payment of the already paid portion.

(3) Upon receipt of notice under paragraph (1), a public official in charge of contracts shall conduct an inspection to verify the performance of the inspection within 14 days from the date of receipt of the contract or other related documents in the presence of the other party to the contract, in accordance with the regulations on inspection and

(4) If a public official in charge of contracts finds that all or part of the counter-party to the contract violates or is unreasonable in conducting an inspection under paragraph (3), he/she shall do so.

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