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(영문) 서울중앙지방법원 2019.02.13 2017가단5161022
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. (1) Around May 30, 2016, the Defendant-affiliated Party B made a public announcement of the tender for C around May 30, 2016. A Plaintiff, who manufactures and sells clothes, etc. under the trade name D, participated in the said C bidding and was selected as a successful bidder. (2) Accordingly, the Plaintiff entered into a contract with B to manufacture and sell the goods as specified below (hereinafter “instant contract”).

On June 30, 2016, C 54,93DK 1,608,163,575 on June 30, 2016, C 54,93DK 1,608, 163, and 575 on August 14, 2017, the general terms and conditions of the instant contract and the main contents of the special terms and conditions are as follows:

5. Obstructing acceptance of bribe or normal contract management while performing a contract;

6. Where a contract is concluded by submitting tender documents, etc. in a false or unjust manner;

7. Where any other terms and conditions of a contract are violated and the purpose of the contract is deemed impossible to be achieved due to such violation.

Article 8 (General Conditions for Contracts for Manufacture and Purchase of Goods) (1) The supply shall be completed by the inspector determined by the public official in charge of contracts after the inspection, and the public official in charge of contracts or the public official in charge of the required group of goods shall affix a seal to the supply protocol after inspection.

(2) The other party to a contract shall undergo an inspection conducted by a quality guarantee agency.

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