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(영문) 서울남부지방법원 2018.11.09 2018가합100169

보증금

Text

1. The Defendant’s KRW 6,684,426,826 as well as the Plaintiff’s KRW 6% per annum from February 14, 2017 to November 9, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of the development and development of electric resources and the business related thereto. The Defendant is a mutual aid association established for the purpose of promoting autonomous economic activities between the Defendant’s members who run the B industry and guaranteeing various kinds of guarantees and quality necessary for running the business.

B. On January 19, 2012, the Plaintiff entered into a contract to purchase yellow facilities between the Plaintiff and C (hereinafter “C”)

B) As between January 31, 2017, C supplied the Plaintiff with 94,270,000,000 won (including value-added tax) for the desulfur equipment purchase agreement between the Plaintiff by January 31, 2017 (hereinafter “instant purchase agreement”).

AB concluded the agreement.

In the instant purchase contract, C supplied technical support services for the design, manufacture, supply, installation, and installation of equipment necessary for the installation of the above sulfur equipment, and the completion date of the said equipment was set on December 31, 2015 in the case of 9 units, and June 30, 2016 in the case of 10 units.

Since then, the final contract price has been increased to KRW 95,127,957,00 according to several changes contracts.

Part I General Conditions of Contracts, Section 1.07.2, the supplier shall, after completing the delivery of the goods or the performance of the contract, request the plaintiff to pay the price for the goods supplied or performed in accordance with the procedures set out in Section 2 of Part II.

§ 1.08.2 The scope of services supplied or to be performed by suppliers is specified in Part III Goods and Price Specifications, Part IV Technical Specifications, Part V Establishment Specifications, etc.

SECTION 1.09 Delivery 1.09.3 is completed at the time when the Plaintiff receives from the supplier the goods that passed the test and inspection in accordance with the supply terms set out in Chapter II contract special terms.

Article 1.12: Liability 1.12.4 The Parties shall include an estimated amount of damages under the contract.