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(영문) 서울중앙지방법원 2020.04.22 2019가합557810
채무부존재확인
Text

1. On May 14, 2018, the Plaintiff’s obligation to pay a contract bond upon the breach of the goods contract agreement against the Defendant is 278,254.

Reasons

1. Basic facts

A. On May 14, 2018, the Plaintiff refers to a supply contract under which at least two persons are parties to a contract, where the Administrator of the Public Procurement Service deems it necessary to satisfy the diverse demand of a procuring entity when purchasing demand commodities commonly required by the respective procuring entity with respect to the Public Procurement Service and building stones block under the Defendant’s control as follows:

Article 7-2(1) of the Enforcement Decree of the Government Procurement Act (hereinafter referred to as “instant commodity contract”) entered into a contract for the procurement of goods in the form of a contract.

Contract number: Contract number B: Contract price of stone block: 9,124,145,00 won: Period of demand and inspection (tally) from April 26, 2018 to April 25, 2021: Each end-user institution: Contract bond: 410,586,530 won special engineer - contract termination, etc. - contract termination in direct production - A contract officer in charge of contract may take measures, such as termination of direct production, reversion of contract bond, restriction on participation in bidding, etc., if the counter-party confirms that the contract violates direct production confirmation criteria.

B. Details related to the special terms and conditions of the contract with multiple suppliers incorporated into the terms and conditions of the contract under the instant commodity contract are as follows.

(1) Pursuant to Article 50 (2), (6) through (10) of the Enforcement Decree of the Act on Contracts to which the State is a Party, the other party to the contract shall pay at least 10/100 of the amount requested for the maximum delivery of the contract deposit as the contract deposit, and the public official in charge of contracts shall not raise any objection to the reversion of the relevant contract deposit pursuant to Article 12 (3) of the State Contracts Act and Article 51 (5) of the Enforcement Decree of the same Act, due to the occurrence of a cause attributable to the National Treasury for the contract deposit, such

Article 13-4 (Direct Production Obligation)

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