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(영문) 서울중앙지방법원 2020.01.30 2018가합523506
용역비
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of software development and technology service business.

On January 2, 2017, the Defendant posted a notice of tender announcement (Evidence A 28) regarding the service regarding “C” (hereinafter “instant service”) under the name of the Defendant, and at the same time, the “written request for proposal (Evidence A29 and 30)” was indicated as the “major institution”.

On February 1, 2017, the Plaintiff prepared a contract stating the content that the instant service will be completed (including value-added tax) by December 31, 2017 (hereinafter “instant contract”) (hereinafter “instant contract”), and the said contract was written as “the place of order” and “contractor,” and each of the Defendant’s respective representative marks and seals were affixed thereto.

B. The “general terms and conditions of the service contract” attached to the above contract include the following contents, and the Defendant indicated the “special terms and conditions of the service contract” and the “technical negotiation protocol” as the “institution placing an order”.

The term "contractor" means the definitions of terms used in this Rule under Article 2 subparagraph 1 of the Enforcement Rule of the Act on Contracts to Which the State is a Party, as follows:

1. The term "public official in charge of contracting" means a public official delegated with administrative affairs concerning contracts which are the cause of revenue by the head of each central government agency, a finance officer (including acting finance officers, divisional finance officers and acting finance officers) provided for in the provisions of Article 22 of the Management of the National Funds Act, a contracting officer (including acting contracting officers, acting contracting officers and acting contracting officers) provided for in the provisions of Article 6 (1) of the Act on Contracts to which the State is a Party, or a contracting officer who takes partial charge of contracting officers and takes partial charge of contracting officers) provided for in the provisions of Article 24 of the Management of

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