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(영문) 서울중앙지방법원 2017.02.14 2015가단5000444
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic fact-finding contract: The supply period of KRW 366,500,000 for elevators purchased by the racing convention center: June 30, 2014: An end-user institution that installs the site: An end-user institution and an inspection agency that pays substitute payments: An end-user institution;

A. On April 1, 2014, the Seoul Regional Procurement Service, affiliated with the Defendant Republic of Korea, entered into a purchase contract with the Plaintiff on the following terms and conditions (hereinafter “instant purchase contract”) upon a request for purchase from Defendant Korea Atomic Energy Co., Ltd. (hereinafter “Defendant Co., Ltd”) to purchase eight elevators at the racing convention center (20 passengers for 20 passengers, 20 passengers forecast, 20 passengers for 15 passengers”).

Article 27 (Cancellation or Termination of Contract due to Changes in Circumstances) (1) In addition to the cases of each subparagraph of Article 26 (1), when the unavoidable circumstances of the agency awarding the contract occur objectively, the agency awarding the contract may cancel or terminate the contract.

(2) Where an ordering agency cancels or terminates a contract under paragraph (1), it shall pay the amount falling under each of the following subparagraphs to the other party to the contract within 14 days from the date of cancellation or termination

In such cases, the contract bond under Article 7 shall be returned simultaneously.

1. An amount not paid among the amounts provided for in Article 22 (4);

2. Expenses incurred in collecting human resources, materials and equipment of the other party to the contract invested before the date of cancellation or termination of the contract for the completion of the manufacture of all goods;

B. Of the general terms and conditions of a purchase agreement (manufacture) agreement incorporated into the terms and conditions of the purchase agreement of this case, the parts related to this case are as follows.

C. On July 14, 2014, the Seoul Local Government Procurement Service notified the Plaintiff that “The instant purchase contract shall be rescinded in accordance with Article 27(1) of the General Conditions for the Purchase of Goods (Manufacture) Contract upon the request of the demanding agency for reasons attributable to the demanding agency.”

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings

2. Claim against the Defendant Company.

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