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(영문) 울산지방법원 2016.09.21 2015가합3132
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff between the parties concerned is a corporation that runs metal processing business, etc., and the defendant is a corporation that runs industrial machinery manufacturing business, etc.

In light of the purport of the holding, the Plaintiff concluded a contract for the installation of goods to be manufactured and supplied at the rate of 0.15% (hereinafter “instant first bidding contract”) on October 30, 2013, the delivery date of the non-self-employed flowing water separation machine through the bidding on March 15, 2013, with the National Armed Forces Finance Management Agency (hereinafter “the instant first bidding contract”). On April 19, 2013, the Plaintiff concluded a contract for the purchase of goods to be manufactured and supplied at the rate of 0.15% (hereinafter “instant second bidding contract”). The instant bidding contract concluded with the Defense Acquisition Program Administration to purchase the goods to be manufactured and supplied through the bidding at the rate of 0.15% (hereinafter “each of the instant bidding contracts”).

On April 5, 2013, the Plaintiff awarded a contract to the Defendant under the following conditions (hereinafter “instant contract”). On May 15, 2013, the date of production and supply of the separation period of flowing water under the bidding contract for the instant No. 1 on April 1, 2013, the Plaintiff awarded a contract to the Defendant under the following conditions (hereinafter “instant contract”). On May 15, 2013, the date of production and supply of the separation period of flowing water under the bidding contract for the instant No. 2 contract for the Defendant under the following conditions (hereinafter “instant contract”). In addition, the instant contract for the first and second contracts for the instant No. 1, “The amount of KRW 94,80,000 (Additional Table No. 1), KRW 3792,00 (including additional down payment), KRW 31,088,00 (including additional 300,000,000 won) prior to the date of each of the instant contract for the instant case’s contract for the instant case’s contract.

Nos. 1-2 and 2-2 of the evidence No. 1-2. The defendant entered into a guarantee insurance contract with Seoul Guarantee Insurance Co., Ltd. in relation to each of the instant contracts as the insured, and issued a guarantee certificate around May 2013 to the plaintiff.

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