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(영문) 광주지방법원순천지원 2015.01.20 2014가단8749
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Comprehensively taking account of the overall purport of arguments in Gap evidence 1 through 5 and Eul evidence 1 through 6 (including each number), the defendant issued a public notice of bidding at KRW 140,642,00 of the estimated amount regarding the purchase of the teaching materials and teaching materials of the workplace child care facilities belonging to the relevant accounting official as of February 19, 2014, and KRW 140,642,000 of the estimated amount for the purchase of the teaching materials and teaching materials of the school. The plaintiff submitted the above bidding at KRW 112,513,600 on February 20, 2014 and received the successful bid on February 25, 2014. On February 28, 2014, the defendant notified the defendant of the purchase of the contract deposit at KRW 112,513,60 on March 14, 2014, and it is difficult for the defendant to conclude the contract bond at KRW 30,314,201.

First of all, the Plaintiff asserts that in the public notice of goods bidding, the Plaintiff is a person who has obtained a business registration certificate related to the handling (production, wholesale, retail) of the relevant goods (production, wholesale, retail) as a matter of qualification of tender participants. The Plaintiff asserts that there was no obligation to contract the goods as a disqualified company for which bidding is impossible due to the lack of the teaching materials and teaching equipment at the time.

According to the statement of Gap evidence Nos. 1-1 and 2, at the time of bidding, the plaintiff has a main business type on the business registration certificate at the time of bidding, and there were phrases, scientific equipment, software development, books computerization, electronic books, and teaching materials and teaching equipment in the above sub-business type after bidding. However, the plaintiff can be recognized that teaching materials and teaching equipment have been added to the above sub-business type after bidding.

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