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(영문) 서울중앙지방법원 2013.11.19 2012나51485
채무부존재확인
Text

1. Of the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who exceeds the money that orders the following payment concerning the counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On September 16, 2010, the Plaintiff (former: CF Co., Ltd.) was selected as a successful bidder for 110 items, including A, through a competitive bid for national electronic electronic procurement. On September 20, 2010, the Plaintiff entered into a purchase contract with the Army Headquarters on the purchase price of KRW 59,315,00,00, deposit amount of KRW 5,931,50, and delivery date of KRW 59,31,500, and the purchase contract for the goods from September 20, 201 to January 2, 2011 (hereinafter “instant contract”). The main contents of the contract special conditions attached to the instant contract are as follows.

Article 3 (Special Conditions for Contracts for Purchase of Goods (Manufacture)

1.A “B” (referring to the Plaintiff; hereinafter the same shall apply) shall apply to the specifications list within 10 working days after the conclusion of the contract, and the samples shall be applied to the quality inspection division;

2. The term "B" shall prepare a detailed statement of securing raw materials, a plan for production/purchase, and an inspection report for items lent with specifications and samples within seven working days, and submit them to the quality inspection division;

(Interim omitted)

6. The same item shall be secured and submitted when samples are lost or damaged;

Provided, That if it is not submitted, it shall be reimbursed with the operating unit price of the Army Equipment Maintenance Information System for the relevant year.

Article 9 (Inspection)

1. “B” shall be supplied with items consistent with the requirements, such as specifications, samples, drawings, etc., and the items shall have passed various inspection organizations (raw materials, trial process, complete works, attachment, performance test, and supply) according to the items;

Article 10 (Guarantees)

1. “B” shall guarantee that the standard and quality of the supplied goods are the same as those of the terms and conditions of the contract for a period of two years from the date of delivery;

2. Where a quality inspection officer of "A" (referring to the Army Headquarters; hereinafter the same shall apply) finds that the standards and quality of the supplied goods are different from those of the terms of the contract within the period prescribed in paragraph 1, he/she may notify the "B" of such fact, and request repair or replacement supply of the goods in question.

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