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(영문) 서울중앙지방법원 2021.03.05 2020가단5140629
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. Upon receipt of a request for procurement from the Incorporated Foundation B (hereinafter “instant procuring entity”) on July 16, 2019, the Plaintiff participated in the bid and selected as a successful bidder on the case of “the purchase of compact satise due to the European aspect of the motor vehicle collision test.” On August 8, 2019, the Plaintiff entered into a contract with the Defendant for the supply of goods (hereinafter “instant contract”) with the content of the supply of compact sate to the instant procuring entity on December 6, 2019, with the Defendant’s contract amounting to KRW 81,954,350, and the delivery period as of December 6, 2019.

In relation to the above contract, the Plaintiff submitted to the Defendant a performance guarantee insurance policy with a contract deposit of KRW 8,195,440.

B. The Plaintiff failed to deliver the goods by the delivery deadline stipulated in the instant contract.

(c)

After the delivery deadline, the Plaintiff did not deliver the goods to the instant demanding entity and the Defendant to perform the contract, and the Defendant notified the Plaintiff that the contract of this case was terminated and that the contract of this case was annual revenues of KRW 8,195,440 on the grounds that the Plaintiff failed to perform the contract by the delivery deadline without justifiable reasons.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 2 through 7, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff alleged that the basic amount of the plaintiff's claim is not included in value added, and the bid price was selected to take account of financial losses above 0 million won, and the defendant requested extension of the payment period due to the characteristic of imported items. However, if the defendant extended the delivery period to the plaintiff in accordance with general transaction practices, the contract of this case should be terminated even if the contract of this case can be performed in accordance with the general transaction practices, and the contract bond should be disposed of to the National Treasury without any justifiable reason, and the contract bond should be disposed of to the general public. This constitutes a violation of good faith or abuse of rights.

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