beta
Text
The plaintiff's appeal is dismissed.
All of the ancillary claims added by the plaintiff in this court shall be dismissed.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that engages in the business of selling petroleum and operating gas stations, and the Defendant is a local government that administers education and arts affairs pursuant to Article 2 of the Local Education Autonomy Act and operates B Educational Training Institute (hereinafter “Educational Training Institute”).
B. On February 1, 2017, the Plaintiff entered into a contract with the Education and Training Institute as the contract amount of KRW 37,400,000, and the contract term from February 1, 2017 to December 31, 2017 with the Education and Training Institute, 50,000; and pursuant to Article 25(1) of the Act on Contracts to Which a Local Government is a Party, the head of a local government or a contracting officer may enter into a contract for the unit price in advance within budgetary limits of the pertinent fiscal year, if it is necessary to continuously conclude a contract for purchase for a certain period of time. In this case, the head of a local government or a contracting officer set the unit price of KRW 748 per liter. The bid bid method for small amount of bid contract (hereinafter “instant oil supply contract”).
C. Pursuant to Article 15(1) of the Act on Contracts to Which a Local Government Is a Party (hereinafter “Local Contract Act”) and Article 52(1) of the Enforcement Decree of the same Act, the Plaintiff issued a performance guarantee insurance policy (a contract) with C Co., Ltd. (hereinafter “C”) for the subscription amount of KRW 5,610,000 (i.e., total contract amount of KRW 37,40,000 x 15% x 15%, and hereinafter “instant contract bond”) to the Educational Training Institute (hereinafter “instant insurance policy”).
According to the insurance policy of this case, the insurance period is from January 1, 2017 to December 31, 2017, and the content of the guarantee is the contract bond under the supply contract, and is below the general terms and conditions.
In addition, the special terms and conditions include the payment of insurance proceeds and the use of credit cards.