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(영문) 창원지방법원마산지원 2017.11.16 2017가단1991

양수금

Text

1. The Defendant: KRW 73,787,270 for the Plaintiff and KRW 5% per annum from April 25, 2017 to November 16, 2017; and

Reasons

1. Basic facts

A. On June 2015, the Plaintiff concluded a service contract for the maintenance of the Republic of Korea (the competent authority’s Navy, hereinafter “Maritime Defense Headquarters”) with the Crain (The Maritime Defense Headquarters-117 fixed 60 tons of the contract amount of KRW 170,816,000, and agreed to pay 0.25% of the daily contract amount per delay if the maintenance is not completed by the agreed date.

(hereinafter “instant First Contract”). (b)

On September 13, 2015, the Plaintiff entered into a goods supply contract with B (including D who is a C and a real operator; hereinafter the same shall apply).

The content is that B supplies the goods (the contract price of this case 1) to October 20, 2015 according to the specifications presented by the Plaintiff, up to 170,816,000 won per day (the contract price of this case 1) shall be paid to the Plaintiff as compensation for delay if B fails to supply the goods by October 20, 2015, and if B fails to supply the goods by the delivery date ( October 20, 2015).

(hereinafter referred to as “instant second contract”). C.

B entered into a goods supply contract with the Defendant (E) around September 20, 2015.

The content is that the defendant supplies goods (boarding) to December 5, 2015 according to the specifications presented by B, and B pays 46,000,000 won as the price, and if the defendant fails to supply goods by the delivery date ( December 5, 2015), 170,816,000 won per day (the contract price of the first contract of this case) shall be paid to B as compensation for delay.

(hereinafter “instant third contract”). D.

The Defendant supplied goods under the instant contract No. 3 to B on June 3, 2016, and received KRW 63,800,000 from B as the price for the goods.

E. As a result of the delay in the supply of goods from the Defendant, the supply of goods to the Plaintiff and the performance of services to the Plaintiff’s Navy was delayed in sequence.

The plaintiff shall perform the service under the contract of this case on 229 days.