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(영문) 서울중앙지방법원 2017.11.30 2017가단5016764
계약해제무효확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) On October 17, 2016, the Plaintiff concluded a purchase contract with the Defendant to sell the automatic leading device (including the fallen acid, automatic leading device, ground planning device, etc.; hereinafter “instant goods”), and entered into the purchase contract with the Defendant, stating the contract price of KRW 86.4 million, the contract deposit of KRW 86.64 million, the contract period, and the date of delivery from October 17, 2016 to December 22, 2016 (hereinafter “instant purchase contract”).

② The instant purchase contract states to the effect that “the head of a central government agency (a public official in charge of a contract) and the other party to the contract enter into a contract for the said item by means of attached contract documents.” The letter bears the following conditions: (a) among the instant goods, the letter requires that the automatic leading device be capable of 10 stairs coordinates; (b) the Plaintiff requires the manufacture and supply of a training guide for taking into account the malicious conditions; (c) the supplier requires a patent certificate, etc. with the Plaintiff’s documents; and (d) the selected supplier must check with the officer in charge of the pre-delivery and the requirements of the pre-delivery; and (d) the pass of the performance test (not less than four times but not more than 30 meters within the scope of error) (hereinafter “instant performance test”) before the delivery of the instant goods, and then there is no error in the scope of error.

B. After entering into the instant purchase contract, on October 2016, 2016, the Defendant’s D military unit B confirmed that he/she had the Plaintiff’s employees C with the 10 stairs coordinate function for the automatic leading device.

C. For the performance test of this case, the Defendant shall conduct the Saemangeum Project from the Korea Rural Community Corporation to December 31, 2016, on public waters within seven construction sections of the Saemangeum Bio-resources site (hereinafter “Saeman test site”) from November 3 to December 31, 2016.

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