물품대금
1. As to the Plaintiff KRW 63,040,00 and KRW 61,440,00 in duplicate, the Defendant shall pay to the Plaintiff KRW 1,60,000 from January 23, 2018.
1. Basic facts - On July 24, 2017, the Defendant entered into a contract with the Seoul Transport Corporation to supply Class 1 (hereinafter “instant goods”) of PSSD control team MCU-10P (hereinafter “instant goods”). -
On August 4, 2017, the Defendant concluded a contract with the Plaintiff to be supplied with the instant goods (hereinafter “instant contract”) for the supply of the instant goods.
Of the content of the instant contract, the part relating to the instant case is as follows.
The delivery date of a contract: The contract amount on November 1, 2017: the date of completion: the contract amount on November 1, 2017: 1: 20% of the advance payment - 20% of the advance payment, 20% after the delivery, 60% after the completion of the contract - the payment period after the completion of the contract - the warranty period after the completion of the delivery: the rate of delay deposit for one year after the completion of the contract amount: 2% of the liquidated damages rate for delay 0.080% of the contract amount: 080% of the general conditions of the contract to submit securities at the time of the completion of the contract at 0.080% of the liquidated damages rate specified in the contract (hereinafter referred to as "Plaintiff") multiplied by the contract amount, and the payment shall be made to Gap (Defendant) by cash or the following certificates until the completion of the construction is paid.
2. Guarantee insurance policy - However, the Plaintiff supplied the instant goods at least 15 days later than the time limit stipulated in the instant contract. -
On the other hand, the Defendant paid the Plaintiff KRW 16,000,000 as the price for the instant goods.
On July 5, 2018, the Plaintiff served the Defendant with a defect repair insurance policy related to the instant goods on which the instant lawsuit is pending.
[Reasons for Recognition] Facts without dispute, the purport of the whole pleadings, Gap 1-8 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. Determination
A. According to the above facts as to the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 63,040,000 ( KRW 80,000,000 - KRW 16,000,000 - KRW 15,000 for delay compensation) as the price for the instant goods, and the damages for delay therefrom.