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(영문) 서울중앙지방법원 2015.09.04 2014가합507360

물품대금

Text

1. The Defendant’s KRW 1,725,708,835 among the Plaintiff and KRW 1,574,489,985 among the Plaintiff, shall be KRW 48,276,90 from April 2, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a separate organization established by C, which was established for the purpose of enhancing the self-support ability of B and their families, to carry on textile business, etc., and has produced and supplied military clothing since 197.

B. From around 2007 to 2012, the Plaintiff entered into a supply contract under which the Plaintiff would deliver military clothing, such as routers, to the Defense Acquisition Program Administration under the jurisdiction of the Defendant Ministry of National Defense, by means of a negotiated contract (general conclusive contract) with the Defendant pursuant to Article 7(1) of the Act on Contracts to Which the State Is a Party (hereinafter “State Contracts Act”) and Article 26(1)4 of the Enforcement Decree of the same Act (hereinafter “instant supply contract”).

In particular, from June 2012 to September 20 of the same year, a contract for the supply of goods for the purpose of the supply of military clothing (hereinafter “instant supply contract”) such as sports clothes, Chuncheon sports clothes, new combat clothes, and Chuncheon sports clothes as shown in attached Table 1 (hereinafter “the instant supply contract”) was concluded and the relevant goods were supplied.

C. The Plaintiff requested the Defendant to pay the purchase price of goods under the new supply contract of this case on each date [the special terms and conditions of the purchase contract of this case incorporated under the new supply contract of this case (hereinafter “special terms and conditions of the contract”)]

() According to Article 10 of this Act and Article 58 of the Enforcement Decree of the State Contracts Act, the Defendant shall pay the price for the goods supplied within five days (excluding holidays and Saturdays) from the date on which the Plaintiff’s claim was received after completion of inspection, and “paid price for the goods” has not been paid each amount.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's 1 through 5, 9 through 11, 15, 16 (including branch numbers; hereinafter the same shall apply), and arguments.