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(영문) 서울중앙지방법원 2017.12.08 2016가합536348
채무부존재확인
Text

1. The Plaintiff’s compensation for delay based on the Plaintiff’s detailed design and the purchase contract for the building of the B on October 22, 2010 for the Defendant.

Reasons

1. Basic facts

A. On October 22, 2010, the Plaintiff entered into a detailed design and construction contract for the next aquatic structure 1) as a specialized shipbuilding company for the shipbuilding industry that operates ships, offshore plant construction business, etc., and is called the Defendant’s Defense Acquisition Program Administration under the Defendant’s control (hereinafter “Defendant”).

(B) and the bottom water craft structure of the next ring, the main duty of which is to rescue and towing vessels, or to search for and salvage the sunken vessels, on the sea, which are unable to move on the ground of stranding, breakdown, etc.; and the purchase of goods, the purpose of which is to construct one detailed design and leading (C) vessels (hereinafter referred to as the “instant contract”).

(2) The main contents of the purchase contract of this case and the specifications of the contract are as follows.

The detailed design B of the product name B and the total manufacture volume (AB) of Category 1,59,00,000,000 B (A) No. 17,402,068,563 B (C) No. 141,59,597,931,437 of the delivery period of KRW 1437 of the product name B, the total manufacture volume (AB) of KRW 176,386,812,000 of the product name B (A) and the total manufacture volume (B), 17,019,898,244, B1,000 of the product purchase volume (C), and the goods purchase volume of KRW 159,36,913,756,37 of the contract of this case under the general contract of this case, and the Defendant increased the total purchase volume of KRW 36,60,786,630,616 of the contract of this case to the Plaintiff and the Defendant.

Article 2 (Purpose of Contract) of the Special Conditions for Contract (Purpose of Contract; hereinafter the same shall apply) (Purpose of Contract) shall be delivered to the Navy by building a detailed design and one unit of the detailed structure of the next aquatic rescue (B) in accordance with this Agreement and the attached documents, and Gap (Defendant Defense Acquisition Program Administration; hereinafter the same shall apply) (the Contract Management Headquarters) shall pay the price therefor.

Article 4 (Contract Documents) ① Contract Documents shall be made out of this Agreement and specifications, contract special conditions [Lists of Contract Materials], list of government supplies (2) and government supplies, equipment and amount of government supply equipment assembly insurance (3) and domestic products.

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