(영문) 대전지방법원 2018.11.28 2018가합100407



1. The Defendant’s KRW 146,732,250 for the Plaintiff and KRW 6% per annum from January 30, 2018 to November 28, 2018.


Basic facts are companies that engage in the business of manufacturing, processing, manufacturing, and selling services for products related to measuring instruments. The defendant is a special corporation in charge of technical research, research, development, and testing of weapons, equipment, and materials.

On June 15, 2016, the Plaintiff entered into a production contract with the Defendant to produce a sand dust tester at a total contract price of KRW 845,00,000,000 (hereinafter “instant production contract”) and received advance payment of KRW 362,00,000 from the Defendant.

Article 8 (Delivery and Inspection) (1) The “supplier” shall supply contract goods to the designated place of supply within the designated date.

(2) The inspector of the "consumer" shall conduct an inspection of the contracted goods supplied, and if necessary, he/she shall request the business department of the "consumer" to conduct a technical inspection, and determine the inspection according to the results thereof

(3) Where a user fails to complete an inspection within a fixed period, he/she shall notify "supplier" of the grounds for delay of inspection.

(4) A contract product that has failed as a result of the inspection by a "consumer" shall be modified, modified, or re-produced at the cost of a "supplier".

(5) The supply of goods shall be completed by the inspection personnel who affixes the seal on the supply and inspection certificate after the inspection.

Article 11 (Compensation for Delay) (1) With respect to the number of days which have been delayed due to the violation of the provisions of paragraph (1) of Article 8 or due to the modification, supplementation or reproduction under the provisions of paragraph (4) of Article 8, the supplier shall pay to the “consumer” in cash the compensation for delay equivalent to 1.5/1,000 (2.5/1,000 in the case of service) of the amount equivalent to the unpaid portion for one day of delay.

(4) The term "consumer" shall not include the relevant number of days in the number of days for delay under paragraph (1), if it is deemed that the supply is delayed as it falls under any of the following subparagraphs:

1. Where a natural disaster or other force majeure event occurs;