(영문) 서울중앙지방법원 2017.08.25 2016가합557321

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(영문) 서울중앙지방법원 2017.08.25 2016가합557321

손해배상(국)

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1. On August 23, 2016, the Plaintiff (Counterclaim Defendant) paid KRW 58,500,000 to the Defendant (Counterclaim Plaintiff) and KRW 11,700,000 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defense Acquisition Program Administration under the Defendant (hereinafter “Defendant”)

(2) On June 10, 2015, the Plaintiff entered into a contract to purchase goods (contract number B) with the amount of KRW 11,700,000 (the amount equivalent to 10% of the contract amount) under the instant contract. (2) Of the general terms and conditions of the contract to purchase the instant contract (amended by the Ministry of Strategy and Finance No. 219, Jan. 1, 2015; No. 219, Oct. 30, 2015; hereinafter “general conditions”), the Plaintiff submitted the performance guarantee insurance policy equivalent to the contract amount of KRW 11,70,000 (the amount equivalent to 10% of the contract amount) under the instant contract.

Article 7 (Contract Deposit) (1) A person who intends to conclude a contract shall pay a contract deposit, such as cash or letter of guarantee under Article 37 (2) of the Enforcement Decree by the date of conclusion of the contract, as stipulated in Article 50 of the Enforcement Decree of the purchase of goods (the established rules of the contract).

Article 8 (Disposition of Contract Bond) (1) A contracting officer shall revert a contract bond to the National Treasury, if the other party to the contract fails to perform any contractual obligation without justifiable grounds.

Article 26 (Cancellation or Termination of Contracts due to Reasons attributable to Contracting Parties) (1) If the other party to the contracts falls under any of the following subparagraphs, a contracting officer may cancel or terminate all or part of the relevant contract:

Provided, That in cases falling under subparagraph 3, the contract shall be maintained when the other party to the contract has the possibility of performing the contract and it is deemed necessary to maintain the contract, and the other party to the contract makes late payment

1. Where the other party to a contract refuses or fails to complete the delivery of goods, such as the contractual specifications, etc. within the delivery period (or extended delivery period);

2. There is no possibility of being supplied on the delivery date due to a cause attributable to the other party to the contract;

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