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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 November 26, 2014, the Plaintiff entered into a contract with the Administrator of the Public Procurement Service of Songpa-gu Seoul Metropolitan Government and the Hanam Cultural Foundation (hereinafter “Hanam Cultural Foundation”) to provide software production and related services for the construction of the website production and marketing system (public performance, exhibition and marketing system) with a contract amounting to KRW 6,828,00,00 (hereinafter “instant service contract”). The Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) as the insured of the Hanam Cultural Foundation, and guaranteed the Plaintiff’s performance of the instant service contract with the purchase amount of KRW 2,048,40,00,00.
B. On February 25, 2015, the Plaintiff deemed that it completed the provision of the instant service to the Hanam Cultural Foundation. However, from July 29, 2015 to March 4, 2016, the Hanam Cultural Foundation asserted that there was an error in the power system, etc. regarding the instant service on five occasions in total, and demanded the Plaintiff to perform the repair of defects. On August 13, 2015 and January 15, 2016, the Plaintiff performed the duties of improving the settlement error portion, power generation portion, manager, and tugboats, and reported this to the Hanam Cultural Foundation.
C. On May 13, 2016, Hanam Cultural Foundation urged the Plaintiff to submit a plan to perform the repair of defects, alleging that the same defect as the attached list of defects (hereinafter “instant defect”) stated in the instant service remains. Accordingly, around May 25, 2016, the Plaintiff filed a claim with the Seoul Guarantee Insurance for KRW 2,048,400 of the performance bond insurance money and then requested the Defendant to restrict the Plaintiff’s qualification to participate in the bid.
On June 8, 2016, the defendant concluded a "contract" with the plaintiff and performed the contract.