logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2016.06.23 2015가단222776
손해배상(기)
Text

1. The Defendant’s KRW 12,473,94 with respect to the Plaintiff and KRW 6% per annum from November 18, 2015 to June 23, 2016, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who engages in the wholesale business of scientific instruments with the trade name of “B,” and the Defendant is a company that engages in echemical measurement and manufacturing and selling of analysis instruments.

B. The Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) (hereinafter “Korea Electric Power Corporation”) disclosed a purchase specification specifying the specific performance, specification, etc. of E to be purchased, while announcing D public announcement of tender.

C. On June 24, 2015, the Plaintiff requested a review as to whether bid is possible by sending the above purchase specification to the Defendant.

After reviewing this, the defendant presented specific bid price to the plaintiff.

Item: F contract price: 230,99,899 won (including value-added tax): Contract bond: 23,099,990 won: 0.15% per day of October 11, 2015: 0.15% per annum.

D. The Plaintiff participated in the tender and was selected as a successful bidder on June 30, 2015. On July 15, 2015, the Plaintiff concluded a supply contract with the following content (hereinafter “first contract”).

Items and specifications: G contract amount: 209,000,000 won (including value-added tax): Date of payment: October 11, 2015 (the delayed price in the event of failure to pay shall be based on the conditions of purchase before Korea);

E. On July 17, 2015, the Plaintiff entered into a purchase contract with the Defendant for the implementation of the first contract (hereinafter “second contract”).

F. However, E to be supplied by the Defendant to the Plaintiff under the contract No. 2 did not satisfy the terms and conditions of purchase under the contract No. 1.

The plaintiff requested that the defendant be supplied as the product of the defendant before Korea. However, on August 7, 2014, the Korea War finally rejected the plaintiff's proposal.

G. The Plaintiff promoted measures to procure and supply E from another company that is not the Defendant, and notified the waiver of the first contract before October 12, 2015 due to the payment period or price issues.

Accordingly, on October 14, 2015, Korea War notified the Plaintiff of the cancellation of the first contract and requested the Plaintiff to pay the contract deposit, and the Plaintiff applied for the payment of the contract deposit before November 12, 2015.

arrow