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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On May 9, 2018, the Defendant operating H published a notice of tender to purchase “B (the same as the goods indicated in the attached list; hereinafter the same shall apply)” “the instant goods” (hereinafter “instant public notice of tender”).
The instant goods consisting of 22 items. Meanwhile, the remarks column of the instant public notice notice form was written as “ Model / Raw Materials G/C”, and the key points were as follows: “Part Nber or CPN is the State that is the principal contractor of I and J) K and L (State). Other original production companies shall be the net goods that meet the standards set forth in our construction work.” (b) The Plaintiff participated in the instant public notice form and was awarded on May 17, 2018 and awarded the contract on May 28, 2018 with the Defendant to supply five sets of goods of this case by July 26, 2018 (hereinafter “instant contract”).
A) The Defendant concluded a contract with the Defendant for the supply of the instant goods by December 31, 2018 (hereinafter “instant second contract”) with the content that the Plaintiff participated in the said bidding and won the 18 set of goods at KRW 141,215,500 on July 4, 2018, and won the 18 set of goods to be supplied by December 31, 2018 (hereinafter “instant second contract”). The instant contract and the instant second contract are combined with the instant two contracts.
AB concluded the agreement.
On the other hand, each contract of this case is stated as "the possibility of division delivery".
C. As the Plaintiff did not supply the instant goods by the delivery date under the instant contract, on August 14, 2018, the Defendant sent a letter demanding the Plaintiff to submit a supply plan while urginging the Plaintiff to supply the instant goods.
Nevertheless, as the Plaintiff delayed the delivery of the instant goods, the supply plan by September 14, 2018, demanding the Plaintiff to re-delivery on August 28, 2018.