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(영문) 서울중앙지방법원 2015.07.09 2014가합571446

물품대금

Text

1. The Defendant’s KRW 536,492,482 as well as the Plaintiff’s KRW 4.53% per annum from June 28, 2014 to July 9, 2015.

Reasons

1. Time limit for the delivery of basic facts: The plaintiff who has completed the performance of a contract on October 31, 201 when he/she supplied the final supplied goods on December 20, 201, the amount of KRW 3,660,000 for the supply of the goods on October 31, 2012: Provided, That when the plaintiff has completed the performance of the contract, he/she shall notify the public official in charge of contracts of the fact and undergo a necessary inspection, and when he/she has passed the inspection, he/she may request the payment of the price, and the public official in charge of contracts shall pay the price within five days (excluding holidays and Saturdays) from the date on which he/she has received the request.

Where payments are not made by the deadline for payment, an amount calculated by multiplying the number of days from the day following the deadline for payment to the date of payment by the average loan interest rate (referring to the average loan interest rate of financial institutions for monthly statistical compensation of the Bank of Korea) of financial institutions at the time of delay shall be paid interest.

Compensation for delay: When the plaintiff fails to supply the goods within the delivery period, the plaintiff shall pay in cash the amount calculated by multiplying the price of supplied goods by the number of delayed days (from the following day of the delivery deadline to the date of passing the inspection) and 0.15% of the compensation for delay.

Provided, That the number of days of delay shall not be included in the case of delay due to force majeure, such as natural disasters, or due to other reasons not belonging to the plaintiff's liability.

On May 11, 2011, the Plaintiff and the Defendant entered into a contract with the Defendant to research and develop a new type detection radar for the first time, and deliver it to the Defendant. The main contents are as follows:

B. The Plaintiff supplied the first completed portion to the Defendant by December 20, 201 under the instant contract and received KRW 990,400,000 from the Defendant around that time.

C. The Plaintiff passed an inspection on November 22, 2013 after October 31, 2012, which was the final delivery deadline, and the Defendant completed the inspection on November 29, 2013, and issued the “inspection and supply report” to the Plaintiff.

The plaintiff.