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(영문) 춘천지방법원 2014.12.02 2014가단31700
유체동산인도
Text

1. The plaintiff's primary and conjunctive claims against the defendant are all dismissed.

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

Reasons

1. Facts of recognition;

A. On June 14, 201, the Plaintiff concluded a “1-year construction contract” and “2-year construction contract” on June 27, 2012 with the Defendant with respect to the construction of facilities prior to the Gangwon High School.

(hereinafter referred to as the “instant construction contract” by adding each of the above construction contracts

The main contents of the criteria for bidding and contract execution of local governments, which are part of the instant construction contract, are as follows.

Part XIII Implementation of the General Conditions of Construction Contracts Section 5

3. Government-funded materials and loans;

(c) Ownership of government-funded materials, etc. shall be held by the authority awarding the contract, and if there is a surplus portion, the other party to the contract shall be notified thereof to the authority awarding the contract and returned in accordance with the direction

(f) When acquiring government-funded materials, etc., the contractor shall examine them, and if the quality and standard is deemed inappropriate for construction, the contractor shall immediately notify the contracting officer thereof and require substitution of such materials.

C. On May 17, 201, the Plaintiff entered into a contract with the Public Procurement Service for the purchase of steel bars, including the steel bars listed in the separate sheet (hereinafter “instant steel bars”) around December 31, 201, to supply the necessary steel bars to the Defendant pursuant to the instant construction contract, and then, on May 17, 201, entered into a contract for the purchase of steel bars (hereinafter “the instant contract for the purchase of steel bars”) with the original place of delivery (hereinafter “the instant contract”), with the original place of delivery as indicated in the following table, with the original place of delivery (hereinafter “instant contract”). Accordingly, the said international contract supplied steel bars to the original place of delivery, as indicated in the table:

Product name standard purchase (unit: kg) volume SD30 D1312,250 Do130 12,250 Do40 Do10 326,260 July 2, 201, 201, July 24, 201, 200 ; 920 July 112, 201, 13, 52,696 Do40 Do400 Do13231,70 Do 230 Do 2307, July 28, 201, 201 ;

D. The East International Doctrine is as above.

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