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(영문) 서울중앙지방법원 2017.06.14 2016가합536041
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 18, 2015, the Defendant (the Chief of the Armed Forces: the Chief of the Armed Forces) entered into the instant contract, etc., and the “production and installation of a mobile toilet (3)” (hereinafter “instant construction”).

A) The Plaintiff participated in the tender as a successful bidder, and the Plaintiff was determined as a successful bidder. In the said tender notice, the term “on-site extinguishment construction method and system” among the items included the content that “the patent construction method and the supply of new technology [patent] agreement and the supply of goods] shall be implemented at the time of formulating the project plan accompanied by the order, and the business department after the successful bidder was selected shall provide companies with a letter of agreement on technical use and goods supply and technical support. 2) Around that time, the Defendant drafted a “written agreement on goods supply or technical support” as to the field extinguishment construction method (patent No. 10-0892862, hereinafter referred to as the “patent of this case”) in which the HybBBB (hereinafter referred to as the “stock company’s name”) is held by the Hybb.

(3) On October 15, 2015, the Plaintiff entered into a contract with the Defendant for the installation of an on-site mobile toilet (hereinafter referred to as “instant contract”) at the 14 seconds of the instant construction project, setting the contract amount of KRW 273,209,200, contract deposit of KRW 27,320,920, and the construction period of KRW 31,33,35,36 (1, 2 Dong), 38, 41, 42, 43, 44, 44, 45, 46, 47, and 49-14 seconds of the instant construction project (hereinafter referred to as “instant contract”).

(4) The main contents of the purchase of goods (manufacture), general terms and conditions of the contract (hereinafter “instant general terms”) and the special terms and conditions of the goods contract (hereinafter “instant special terms and conditions”) are as follows.

Article 7 (Deposit for Contract) (1) A person who intends to enter into a contract shall do so by the date of entering into the contract, such as cash or letter of guarantee under Article 37 (2) of the Enforcement Decree.

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