부당이득반환청구 등
1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
3...
1. The reasons for the acceptance of the judgment of the court of first instance are the reasons for the judgment of the court of first instance, except for the addition of the following: (a) the Plaintiff’s assertion added or emphasized at the court of first instance; and (b) thus, it is acceptable as it is in accordance with
2. As to liquidated damages for delay, the Plaintiff asserts that the substance of the instant contract is in an irregular form, “on-site installation limit,” in which the supply of “the completion of installation works” is deemed to have been completed, and thus, 5/100, which is the liquidated damages rate for the construction contract under Article 75 subparag. 1 of the Enforcement Rule of the Act on Contracts to Which a Local Government is a Party (hereinafter “Enforcement Rule”), shall be applied by 5/100, which is the liquidated damages rate for the construction contract under Article 75 subparag. 1 of the Enforcement Rule of the Local Contracts Act, or the liquidated damages rate for the construction contract under Article 75 subparag. 1 of the Enforcement Rule of the Local Contracts Act, which was in force at the time
However, the main purpose of the instant procurement contract is the supply of goods and the installation of the site according to the conditions of delivery is only an incidental procedure for the supply of goods.
Therefore, since the instant procurement contract does not fall under “construction contract”, Article 75 of the Enforcement Rule does not apply to “No. 1 (1/1000)”.
Article 75 of the Enforcement Rule is amended on November 29, 2016, and the rate of damages for delay in the case of the manufacture or purchase of goods is 1.5/100 to 0.8/100 or 0.5/100 (in the case of the manufacture or purchase of goods requiring approval from the head of a local government who has ordered the design in a lump sum, the design and manufacture are conducted in a lump sum after the contract is made) but Article 75 of the Enforcement Rule also changes the rate of damages for delay from the date when the reason for imposing damages for delay occurs to the date before this Rule enters into force pursuant to Article 3 of the Addenda ( November 29, 2016) (Article 75).