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(영문) 대구지방법원 2018.06.21 2017가합205763
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 13, 2017, the Defendant posted a public notice of bid for purchasing goods (hereinafter “public notice of tender in this case”) in which the basic amount is KRW 575 million to be used at the C Water Purification Business Office (hereinafter “instant Water Purification Business Office”) of the Defendant’s waterworks business department (hereinafter “instant Water Purification Business Office”) and conducted competitive bidding among small and medium business owners as stipulated in Article 7(1) of the former Act on the Promotion of Purchase of Small and Medium Enterprises-Invested Products and Support for Development of Market (amended by Act No. 14839, Jul. 26, 2017; hereinafter “former Act on the Promotion of Development of Agricultural and Medium Enterprises”).

On March 27, 2017, the Plaintiff entered into a contract with the Defendant to purchase active coal (a contract number B; hereinafter “instant contract”) with the content that the Plaintiff supplies the price of KRW 500,000 square meters of active coal at KRW 54.2 million to the instant water purification business establishment by July 24, 2017.

B. According to the instant contract, the criteria for entry carbon to be supplied by the Plaintiff are as follows.

[Written Specifications for Purchase of Egradible Carbon (Egradical Carbon)] (Attached Documents to the Contract of this case)

5. Testing and inspection;

B. Product and supply standards (1) Contract quantity must be the “direct production” of a contracting company, and the head of the import ledger for basic substances for narcotics must be certified, and a plan for the performance of the production process for new coal products must be submitted in relation to the inspection.

(2) The same raw material shall be the same material, and it shall be composed of the characteristics manufactured in the same process.

C. On April 27, 2017, the instant water purification business office notified the Plaintiff of the following purport: “Around April 27, 2017, the Plaintiff submitted the current process rate and supply plan related to the purchase of active coal (which means the purchase of new coal and shot field, and requested on-site visits to check the progress of the process.” On May 1, 2017, the Plaintiff purchased the instant water purification business office and the product that conforms to the quality of active coal.

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