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(영문) 서울중앙지방법원 2017.06.05 2016나52820

구상금

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Judgment of the court of first instance No. 1-A.

Reasons

1. Basic facts

A. 1) The Defendant A Co., Ltd. (hereinafter “Defendant Company”) entered into a purchase contract.

(2) On June 12, 2012, the Defense Acquisition Program Administration affiliated with the Republic of Korea concluded a contract for the purchase of goods (hereinafter “instant contract”) with the Defendant Company on the total contract amounting to KRW 7,132,805,90, and the date of delivery from September 28, 2012 to December 31, 2012, 0.15% of the daily supply amount per annum, the delivery place, 500641 and 2, respectively, for the purpose of selling goods (hereinafter “instant contract”).

The contract of this case is accompanied by the general conditions and special conditions of the purchase contract of goods, and the provisions related to liquidated damages among them are as follows.

Article 24 (Compensation for Delay) (1) When a contracting party fails to deliver goods within the delivery period stipulated in the contract, he/she shall pay the amount calculated by multiplying the contract by the contract price (in cases of a long-term long-term contract, the annual contract price) for each number of days by the delayed payment.

(3) If a contracting officer deems that delivery is delayed because it falls under any of the following subparagraphs, he/she shall not include the relevant number of days in the number of days per delay under paragraph (1):

4. Where delay is caused by any other cause not belonging to the other party to a contract, Article 10-2 (1) of the Special Conditions for Goods Purchase Contract (hereinafter referred to as "A") may pay the full amount of the cost of delivery after submitting the following documents for the preservation of claims from "B" when examining whether to exempt the payment for delay pursuant to Article 367 of the Regulations on Defense Acquisition Program Management (Scope of Exemption from Compensation for Delay and Adjustment of Payment Period, etc.) with respect to the delay of the "B":

(2) Where measures are taken to preserve claims pursuant to paragraph (1), the amount of guarantee or insurance shall be added to the amount of compensation for delay and the amount equivalent to at least 120 days agreed upon.