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(영문) 서울중앙지방법원 2018.04.06 2016가합544998
공사대금
Text

1. All of the plaintiffs' primary claims are dismissed.

2. The defendant shall be 139,746,276 won to the plaintiff A and the plaintiff B.

Reasons

1. Facts of recognition;

A. On August 2013, the Plaintiffs entered into a contract between the Plaintiffs and the Defendant (i) a joint supply and demand organization (9% of the shares of Plaintiff A Co., Ltd., and 1% of the shares of Plaintiff B Co., Ltd.). The Public Procurement Service participated in the public notice of bid for the purchase of procurement commodities (goods) offered by an end-user institution as a supplementary participant to the Defendant, and its successful bidder was determined as a successful bidder. (ii) Accordingly, the contract was concluded between the Plaintiffs and the Defendant on September 27, 2013, and the Plaintiffs on September 27, 2013 (hereinafter “instant contract”).

Among the contract entered into at the time of the instant contract and the general terms and conditions attached thereto (hereinafter “general terms and conditions of goods contract”), the contents of the instant case are as follows:

The order office: The name of contract case for the procurement commodities: The name of contract officer of the Gangwon Local Government Procurement Service: The contract amount for the heat pumps contract amount: 327,721,000 won: the time limit for delivery: the end-user institution on May 20, 2015: the defendant assistant intervenor's inspection agency and the inspection agency: The end-user institution: the delay of performing the contract under Chapter 7 of the General Conditions for the Contract for Goods in Chapter 15.

4. Rescission or termination of a contract due to changes in circumstances;

(a) In addition to the cases of the subparagraphs of “3-A”, the agency awarding the contract may cancel or terminate the contract when the inevitable circumstances of the agency awarding the contract objectively evident.

(b) Where an ordering authority cancels or terminates a contract pursuant to “A”, it must pay to the other party to the contract within 14 days from the date of cancellation or termination of the following amounts:

In such cases, the contract bond under Section 4 (1) shall be returned simultaneously.

1) The amount not paid out of the amount paid for the completed portion and supplied portion of Section 8, "3-," 2, the completion of the implementation of Section 8, and the payment of the cost of the removal of human resources, materials and equipment of the other party to the contract input prior to the date of cancellation and termination of the contract for the completion of the manufacture of the entire goods.

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