(영문) 서울행정법원 2020.07.02 2019구합79633

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(영문) 서울행정법원 2020.07.02 2019구합79633

계약해지 처분취소 및 보험료 청구처분 취소

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1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

On July 6, 2018, the Plaintiff entered into a supply contract with the Defendant to supply Category B and Category 19, etc. for KRW 962,374,000 from December 14, 2018 to March 22, 2019.

(hereinafter “instant contract”). The Plaintiff and the Defendant set the contract deposit amount of KRW 96,237,400, and the liquidated damages rate of KRW 0.075%, and the C Company guaranteed the Plaintiff’s obligation to pay the contract deposit.

The instant contract is accompanied by “special conditions for the manufacture and purchase of goods” and “general conditions for the purchase of goods”.

its key

Details are as follows:

[Special Conditions for Manufacturing and Purchasing Goods] Article 3 (Application, etc. of Contract Documents) (1) The following matters shall be effective as part of the contract even if not attached to the contract:

4. Goods purchase (manufacture), general terms and conditions (the original, duplicate, and total three copies shall not be omitted) (2) Except as otherwise provided for in these terms and conditions, the General terms and conditions of the Goods Purchase (Manufacture), the Rules of the Ministry of Strategy and Finance (hereinafter referred to as the "General Conditions") shall be determined by the General Terms and Conditions of the Contracts.

Article 27 (Cancellation and Termination of Contracts) (1) A public official in charge of contracts and the other party to the contract may cancel or terminate this contract by agreement.

(2) Where a reason for cancellation or termination of a contract occurs under a general condition, the public official in charge of contracts shall express his/her intention to cancel or terminate the contract to the other party and the declaration of intention to the other party reaches it.

Provided, That if it is impracticable to reach an intention of the other party due to bankruptcy, etc. of the other party, it shall be deemed that the cancellation or termination has occurred after seven days from the date on which the declaration of intention of cancellation or termination is

(3) Pursuant to the proviso to Article 26 (1) of the General Conditions, a public official in charge of contracts may choose not to cancel a contract by integrating the timing of extinguishment, the status of performing a contract, an enterprise performing a contract

[Purchase of Goods]

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