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Reasons
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(영문) 서울고등법원 2018.05.01 2018나2006684
물품대금
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. (1) Upon entering into each purchase contract, the Defense Acquisition Program Administration under the Defendant’s control of the Defendant participated in the said B and D bidding on April 22, 2016, on June 1, 2016, on D and E, and on June 2, 2016. (2) The Plaintiff participated in the said B and D bidding and was selected as a successful bidder. The Plaintiff was selected as a successful bidder after forming a joint supply and demand organization with the F and the representative of the Plaintiff, on June 2, 2016, on 70% of the share ratio, and on 30% of the share ratio, and thereafter, participated in the said C and E bidding (hereinafter collectively referred to as “each of the instant bids”).

(1) On May 11, 2016, B 234,216, 502,847,402, H 1-1 on December 8, 2017, 2017, the maximum supply price of contract items under the contract number 1 G 1G 234, G 216, and on June 27, 2016, the Plaintiff sold the goods under the No. 316,261,012,486 " 2-1 J. 2, 2016" 3K 3K 67,847, 435, 775, 147-1 L. 36, 2016, the Plaintiff sold the goods under the No. 13736, Jun. 30, 2016 to the Defense Acquisition Program Administration pursuant to Article 23-16, 28-37, 2016.

4) The main contents of the general and special terms and conditions common to each of the instant contracts are as follows.

Article 8 (Supply of Goods) (1) of the General Conditions for Contracts for the Manufacture and Purchase of Goods, the delivery shall be completed by the inspector determined by the contracting officer after the inspection and sealing on the inspection report, and the contracting officer or the commodity accounting official of the required group after the inspection and sealing on

(2) The other party to a contract shall undergo an inspection conducted by a quality guarantee institution designated by a public official in charge of contracts.

Article 26 (Cancellation or Termination of Contracts due to Reasons attributable to Contracting Parties) (1) A public official in charge of contracts shall be as follows:

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