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(영문) 창원지방법원 2020.01.07 2019가단110530
손해배상(기)
Text

1. The Defendant’s KRW 6,757,918 as well as the Plaintiff’s annual rate from June 4, 2019 to January 7, 2020, and the following.

Reasons

1. Facts of recognition;

A. A. On June 3, 2016, the National University Industrial College published a notice of tender to purchase experimental and practical training equipment, and on June 15, 2016, the Plaintiff was selected as a successful bidder and entered into a contract to purchase goods between the Plaintiff and the Plaintiff on June 22, 2016 (hereinafter “instant contract”).

On June 16, 2016, the Plaintiff entered into a contract guarantee insurance contract with the Co., Ltd. and issued a guarantee insurance certificate with the amount of security deposit of KRW 6,757,920 to B University.

B. However, since the details of purchase of goods presented at the time of public announcement of tender at B and the description of goods under the instant contract are different to the extent that some parts cannot be identical, the Plaintiff could not supply goods under the instant contract until July 22, 2016.

C. On August 1, 2016, the president of the Buniversity notified the Plaintiff of the cancellation of the contract on the grounds of nonperformance of the obligation to supply the goods under the instant contract, and on August 2, 2016, he/she filed a claim for a contract deposit with the KCAB.

On August 11, 2016, the Plaintiff remitted the amount of KRW 6,757,920 to C in advance, and C has paid KRW 6,757,920 to the president of B University on August 31, 2019, and the president of B University managed the amount of the above payment to the National Treasury.

On September 5, 2016, the president of the B University imposed a sanction on the Plaintiff on unjust enterprisers with the content of restricting qualification for participation in bidding as unjust enterprisers for the period from September 2, 2016 to March 6, 2017, pursuant to Article 76(1) of the Enforcement Decree of the Act on Contracts to Which the State Is a Party on the ground of breach of contractual terms due to nonperformance of the obligation to supply goods of the instant contract (hereinafter “State Contracts Act”) and Article 76(1) of the Enforcement Rule of the State Contracts Act.

E. The Plaintiff filed an administrative litigation seeking the revocation of the instant disposition against the president of the University (Seoul District Court Decision 2016Guhap1231).

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