logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원홍성지원 2015.02.04 2014가단8035
추심금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. (1) A collection order of the Plaintiff and the designated parties (1) was issued by the Plaintiff and the designated parties, as the wage obligee of NIIm Chemical (hereinafter “Nonindicted Company”), and the said claim was a preserved right, and the Daejeon District Court Hongsung support 2014Kadan425 (hereinafter “SIB”) issued a provisional attachment against the Defendant of the non-party company on March 22, 2010 (hereinafter “instant provisional attachment”). The said provisional attachment order was served on the Defendant on June 26, 2014.

(2) Subsequent to the Daejeon District Court 2014TTT2161, the Plaintiff and the designated parties received the order of the provisional seizure transfer and the collection (hereinafter “instant collection order”) with respect to the above claim of the non-party company. The instant collection order was served on July 24, 2014 to the Defendant.

B. A dispute between the defendant and the non-party company (1) submitted to the defendant a tender for purchase of chloasium (import acid) 54,000 tons by the defendant, stating that "the non-party company will pay to the Public Procurement Service an amount equivalent to at least 5% of the successful bid price as a bid bond where the reasons for returning the bid bond occurred because it did not enter into the contract within the time limit without justifiable reasons after the non-party company was selected as the successful bidder."

(2) The non-party company was selected as a successful bidder in the instant bid. On September 11, 2009, the Public Procurement Service notified the non-party company of the acceptance of the purchase contract, and notified the non-party company that the purchase contract will be forwarded to the Public Procurement Service in the absence of any error by ascertaining the purchase contract for the procurement commodities transmitted to file via the State funeral, and that the contract bond should be forwarded again to the Public Procurement Service until September 18, 2009, and that it will pay more than KRW 1,104,300

(3) The non-party company did not pay the contract bond by September 18, 2009, and the Public Procurement Service issued the contract bond to the non-party company on September 18, 2009, by September 21, 2009, which is the final deadline under Article 17(1).

arrow