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(영문) 울산지방법원 2020.08.26 2018가단61477
손해배상(기)
Text

1. The defendant's KRW 10,207,916 for the plaintiff and 5% per annum from April 4, 2020 to August 26, 2020 for the plaintiff.

Reasons

1. Basic facts

A. Ulsan B bathing beach continued to be a sand erosion notwithstanding the past two-way projects. On October 1, 2016, the Plaintiff entered into a contract with C and D on the “basic and working design service for the installation of the B Coastal Flood” and submitted a report in accordance with the above service contract from the above companies around August 2017, 2017. The above report states, “The improvement shall be made with respect to the generation of scattering dust and sand oil that have been at the existing two-way problems by applying the maritime with cuttings, and the above report shall state, “The two-way sand (0.50mm) in a gold plan shall be 0.26m longer than the upper half of the part of the two-developed sections.”

B. On October 2017, the Busan Local Government Procurement Service of the Republic of Korea (hereinafter “ Busan Local Government Procurement Service”) received a request from the Plaintiff, upon receipt of a request from the Plaintiff, issued a public notice of bid for purchase of procurement commodities (goods) with respect to the “B Coastal Infrastructure Installation Contract (BL) sand total amount contract” (hereinafter “instant bid”).

The name: The quantity of sand (hereinafter referred to as "the sand in this case"): The delivery condition of 4,380 square meters: The estimated price for the difference between the place of delivery and the place of delivery: the standard for inspection of delivery of KRW 197,100,000 (value-added tax): see the relevant detailed specifications.

C. On November 28, 2017, after the Defendant was determined as the counter-party to the instant construction project (hereinafter “instant construction project”), the Defendant entered into a goods contract with the Plaintiff (hereinafter “instant contract”) with the content that the Plaintiff would have entered into, on January 31, 2018, the delivery time limit of KRW 176,401,20, the delivery time limit of January 31, 2018: the lower limit of the delivery place, the delivery place: the water walth, the water walth, the end-user institution, and the inspection and tallying institution of the instant construction project (hereinafter “instant construction”).

The main contents of the purchase specifications for the instant tender and contract (hereinafter “the instant specifications”) are as follows.

1.1The present specifications shall be subject to the creation of a new design on the Bshore.

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