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(영문) 대전지방법원 2020.11.25 2019나2641
물품대금
Text

The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

after the filing of an appeal.

Reasons

1. Basic facts

A. The Plaintiff Company is a company engaging in the manufacture and sales of stone, and around January 14, 2016, it refers to a supply contract entered into between the Republic of Korea (the competent authority of Daejeon Regional Procurement Office) and a majority supplier contract with the Administrator of the Public Procurement Service with two or more parties to the contract so that an end-user institution can select a kind of demand commodities equal or similar to quality, performance, efficiency, etc. to purchase demand commodities needed by the end-user institution.

(See Article 13(1) of the Government Procurement Act. Before the wholly amended Act by Act No. 17153 on March 31, 2020, a supply contract can be concluded by means of multiple suppliers’ contract pursuant to Article 5(1) of the former Government Procurement Act and Article 7-2 of the former Enforcement Decree of the Government Procurement Act (wholly amended by Presidential Decree No. 31053, Sep. 29, 2020).

As a result, from January 14, 2016 to December 31, 2017, “190,100 building blocks were supplied to a place designated by a procuring entity, and 3,773,086,00 won for goods was entered into a contract for supply of goods with the Administrator of the Public Procurement Service on behalf of the said entity.”

(hereinafter “instant contract”). (b)

Plaintiff

On January 26, 2016, the Company received a demand to supply 3,522 stone blocks to a place designated as an end-user institution from the Daejeon Regional Procurement Service for the supply of 3,52 stone blocks, and "C vitalization development project" ordered from June 20, 2016 to March 3, 2017, which is called "the instant construction project."

The government supplied 3,377 stone blocks at the construction site.

다. 피고 회사는 토목건축공사업 등을 영위하는 회사로서 2016. 3. 3.경 천안시로부터 이 사건 공사를 도급받아 2016. 5. 16.경부터 2017. 5.경까지 이 사건 공사를 수행하였다.

The Defendant Company acquired the above stone block at the construction site supplied by the Plaintiff Company, and returned 154 of the stone block acquired around November 5, 2016 to the Plaintiff Company.

Plaintiff

A company.

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