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(영문) 인천지방법원 2016.08.10 2016가단200087
채무부존재확인
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. On September 24, 2015, the Plaintiff entered into a contract for supporting the operation and process of the KSGGGG MINI PLT (hereinafter “instant contract”) with the research institute affiliated with the Defendant.

B. The main contents of the instant contract are as follows.

- Service Name: KOGGGS GAL MINL Operation and Process Design Support Services - Contract Price: 257,40,000 won: 38,610,000 won - Contract Bond rate of liquidated damages: 2.5/100 - Contract Period: from September 24, 2015 to July 23, 2016.

On September 24, 2015, the Plaintiff concluded a contract performance guarantee insurance contract with the non-party Seoul Guarantee Insurance Co., Ltd. as the insured instead of paying the deposit money of the instant contract, and issued the said insurance contract to the Defendant.

On October 15, 2015, the Plaintiff sent the Defendant a request for cancellation of the contract and a compensation plan with the following contents.

- - 10.4.0 to promote the project as soon as possible after the office kick on October 1 of the past year; or

8. The results of our on-site investigation and the inspection of the status of operation of the facility from 10.12 to 13., among others, the company sought to enter the operation in accordance with the mini plan, which was submitted after the inspection of the status of operation of the facility from 10.12.1 to 13. However, it is judged that the operation of the project would not be smooth and smooth. In addition, it is judged that the transfer of the contract execution to the KNTTTTT, which had been already conducted in the lower-ranking bid and the public notice from the more favorable point of view than us, would be more consistent with the overall implementation of the project. In addition, it is considered that the transfer of the contract execution to the KNTTTTT, which had been conducted in the public notice, would be more consistent with the cancellation of this contract and the technical consultation about the improvement of the fair design and the concept and design of the commercial plant for the promotion of the project of your company, will review the request for withdrawal of the contract and the compensation plan for this.

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