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(영문) 대전지방법원 천안지원 2018.10.31 2018가단102245
보험금지급청구권부존재확인
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 December 21, 2017, the Defendant’s announcement of tender and the Plaintiff’s award of bid were given notice of tender regarding D’s physical examination services related to C’s work.

On December 27, 2017, the Plaintiff participated in the bidding and was determined as a successful bidder on January 3, 2018.

B. (1) On January 8, 2018, the Plaintiff’s main content is to conduct a physical examination for the part E between January 8, 2018 and December 31, 2018 and to receive KRW 645,804,350 from the Defendant’s price (hereinafter “instant contract”).

Article 5 (Commencement and Completion of Business)

1. Within seven business days after the conclusion of the contract, the supplier (Plaintiff) shall make a start report, including the project plan consulted with the consumer (defendant) and the project implementation schedule and other documents required by the consumer, and shall make the final report seven days before the completion of the contract, and shall submit the final product by supplementing the insufficient parts by not later than the completion of the contract.

2. For the smooth E physical examination of four weeks course, the supplier shall install and operate more than three mobile checkup equipment (X-ray equipment) at a place designated by the customer and shall not impose restrictions on the medical examination due to reasons such as the occurrence of the malfunction.

3. For the smooth E physical examination of five weeks course, the supplier shall install and operate not less than three fixed type checkup equipment (X-ray equipment) in the physical examination site designated by the consumer, and in cases where the medical examination is restricted due to the occurrence of a malfunction, etc., he/she shall support the mobile type checkup vehicle and ensure that it does not restrict the medical examination.

Article 14 (Cancellation or Termination of Contracts)

1. In any of the following cases, a consumer may cancel or terminate a contract in whole or in part:

Where a supplier fails to commence the performance of the contract even after the date of commencement of the contract has elapsed without justifiable grounds.

(b) it is apparent that there is no possibility to implement the contract due to reasons attributable to the supplier, or time and time of the contract;

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