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(영문) 서울중앙지방법원 2016.12.07 2016가단5178405
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was verified directly by the Korea Federation of Small and Medium Business for the use of the equipment and metal fences.

B. The Defendant-affiliated Public Procurement Service made a public announcement of the purchase of procurement commodities with the content that it intends to enter into a contract with multiple suppliers through limited competition only for small and medium enterprises in purchasing a music belt pursuant to the Act on the Promotion of Purchase of Small and Medium Enterprise Products and the Development of Market Support (hereinafter “Market Support Act”) (hereinafter “instant public announcement of tender”). The public announcement provides that “Small and Medium Enterprises for which direct production of a music belt has been confirmed pursuant to Article 9(4) of the Enforcement Decree of the Sales Support Act” with regard to the application for the purchase participation.

C. On April 7, 2014 and September 18, 2014, the Plaintiff participated in the said bidding accompanied by a certificate of confirmation of direct production of the drinking water, and entered into a multiple supplier contract with the Defendant as follows.

1) A contract dated April 7, 2014 (competent jurisdiction is the Public Procurement Service; hereinafter “instant primary contract”).

(2) The term of the instant secondary contract: The amount of goods price of 430∑ from April 7, 2014 to November 30, 2015: 1,337,500,000 won: 40,125,000 won; 2) the period of the instant secondary contract entered into on September 18, 2014 (in the case of jurisdiction, the Incheon Regional Government Procurement Service; hereinafter referred to as "the second contract period"): The amount of goods price of 630∑ from September 18, 2014 to June 30, 2016: 1,14,144,140,140,000 won; 34,324,200 won; 324,200 won each of the contracts of this case; 1) the public official in charge of contracts reverts to the National Treasury without good cause when the counter-party to the instant contract fulfills his/her contractual obligation.

Article 26 (1) If the other party to the contract falls under any of the following subparagraphs, a public official in charge of contracts may cancel or terminate all or part of the relevant contract:

6. Where contract terms are violated and the purpose of the contract cannot be achieved due to such violation.

D. However, this case.

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