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(영문) 서울중앙지방법원 2018.04.04 2017나39244
채무부존재확인
Text

1. The judgment of the first instance, including the Plaintiff’s claim extended by this court, shall be modified as follows.

The plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as stated in Gap evidence 1-1, 2, and evidence 3-1, 2, Gap evidence 4, 5, 13, 14, 16, Eul evidence 4, 8, 17, and Eul evidence 14-1 through 11.

On August 18, 2015, the Plaintiff established pursuant to the Social Welfare Services Act for the purpose of the establishment and operation of welfare facilities for the disabled and the project to support the friendship in the South-North Korea, entered into a contract with the State (hereinafter “State Contract Act”) under a negotiated contract (Article 26 of the Enforcement Decree of the State Contract Act) to manufacture and supply the following goods (hereinafter “instant commodity contract”) pursuant to the Act on Contracts to Which the State is a Party (hereinafter “State Contract Act”). The relevant goods contract in the instant case are as follows:

(1) The date of delivery: Article 26 of the General Conditions for Contracts from July 24, 2015 to May 31, 2016 (Cancellation or termination of a contract due to a cause attributable to the contractual party) (117,587,106, and 296, 2016: 417,587,106, and 296,233, respectively: 413,756,339:

5. Disturbing acceptance of bribe or normal contract management in the course of performing a contract.

7. Other terms and conditions of a contract that violate the terms and conditions of the contract and it is deemed impossible to achieve the purpose of the contract due to such violation. Article 18 (subcontract) (2) Where the other party to the contract has a third party manufacture or process part of the parts or processes of the goods under the contract, the provisions of the quality guarantee agency determined by the public

(3) No contractor shall make a subcontract falling under any of the following subparagraphs:

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