(영문) 서울중앙지방법원 2018.01.10 2017나57853

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(영문) 서울중앙지방법원 2018.01.10 2017나57853

채무부존재확인

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. 1) The Defendant entered into a contract to purchase the instant goods on September 8, 2015, between the Plaintiff and the Plaintiff on September 8, 2015, and the following items (hereinafter “instant goods”).

(1) The purchase contract for the goods of this case (hereinafter “the purchase contract of this case”) that stipulates that the goods of this case shall be supplied as KRW 110,281,209 for the contract deposit and the contract bond of 1,102,812,096 for the goods.

(2) The contract of the purchase of goods in this case contains “tender method: The unit price scheme” written in the purchase contract of this case and the “contractual statement (unit price scheme)” written in the entire quantity (90,528) of each goods and the unit price (12,182 won per 1 punishment in the case of the purchase of goods).

(3) In the case of a unit price contract, the delivery order may be over or below 10% of the contract quantity as the annual estimated purchase quantity.

[Article 25 (Reversion of Bond to National Treasury) Contract bond, refund deposit for advance payment, refund deposit for advance payment, and government-funded bond, the public official in charge of contracts shall immediately revert each bond to the National Treasury.

[Article 47 (Additional and Deletions) ① These items shall be deleted, taking into account the characteristics of the contract (5, 16, 17, 44).

(1) When the other party to a contract fails to perform his/her contractual obligations without justifiable grounds, the contracting officer shall revert the contract bond to the National Treasury.

Article 26 (Cancellation or Termination of Contract due to Reasons attributable to Party to Contract) (1) Where the other party to the contract falls under any of the following subparagraphs, a public official in charge of contracts may cancel or terminate all or part of the relevant contract:

1. Where the other party to a contract refuses or fails to supply the goods, such as the contract specifications, within the supply period (or extended supply period) on the contract;

2. Grounds for the fault of the other party to the contract;

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