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(영문) 수원지방법원 여주지원 2018.02.28 2015가합10690
채무부존재확인
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of aggregate supply and extraction business, aggregate wholesale and retail business, etc.

1. Estimated volume of sale of the matters submitted for a tender: The unit price (minimum bid price) in 2,016,000 cubic meters: 4,450 won/metres, and other matters: See the sale contract for the Han River dredging soil, and special conditions for the sale contract for the Han River dredging soil;

5. Explanation of the items.

(a) The site descriptions on dredging are not separately implemented, and bidders shall confirm the location of the storage, the conditions of removal, etc. and participate in the bidding during the period of publication;

It does not confirm this matter and all the responsibility for the disadvantage caused by the participation in the tender shall be borne by the bidder.

11. Other matters.

(a)The bidder shall be fully aware of and participate in the tender before the tender, such as the Act on Contracts to Which a Local Government Is a Party, the tender notice, the contract for dredging soil(s) sale, the special conditions of the contract for dredging soil(s) sale, the rules on compliance with the participants in the Internet tender, and shall be responsible for any matter arising from the failure to be aware of it;

B. On December 12, 2012, the Defendant publicly announced the electronic bid (hereinafter referred to as the “instant bid”) with the content of selling the dredging soil in the amount of 2,016,00 cubic meters of the dredging soil in the amount of KRW 2,016,00,00, located in the Han River Dogwon project in the Han River Dogwon in Wing-si, Han River Dogwon (www.onon.co., Ltd.). The main content is as follows.

On the other hand, the Gyeonggi-do Construction Headquarters, attached to the notice of the instant bid, stated that the aggregate test result table prepared by the Gyeonggi-do Construction Headquarters around November 2012 (hereinafter “this case’s performance table”) was 96% of the sand per minute of the dredging soil.

Article 7 (Special Conditions) The Plaintiff shall verify and implement all the special conditions determined by the Defendant to the extent adequate to the fair trade.

[Special Conditions] Article 3 (Termination and Rescission of Contract)

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