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(영문) 서울중앙지방법원 2018.05.29 2017가단5034540

손해배상(기)

Text

1. The Defendant’s KRW 61,051,385 to the Plaintiff and KRW 5% per annum from December 29, 2016 to March 2, 2017.

Reasons

1. Basic facts

A. On January 18, 2016, the Korea Electric Power Corporation (hereinafter referred to as the “Korea Electric Power Corporation”) determined as a successful bidder for A22 (T (T: hereinafter referred to as “C”) purchase of goods in Daegu North Korea, and the purchase price between Korea and C: 406,270,495 (including value-added tax) and the delivery period: From April 30, 2016 to June 20, 2016 (Seoul North Korea 13 the payment period of Article 13, April 30, 2016), and other: 1:00 days before the payment period (11), and 3:00 per annum: 15% per annum.

B. In order to supply the above goods, C entered into a supply contract with the Plaintiff: KRW 406,270,495 (including value-added tax): KRW 240,068,929 (including value-added tax); KRW 166,201,566) (Seoul: KRW 166,201,566); the delivery period: From April 30, 2016 to June 20, 2016; and liquidated damages: 1.5/100 of the contract price per day for the delayed days.

C. On March 17, 2016, the Plaintiff entered into a contract on the following supply and installation of products (hereinafter “instant contract”) with the Defendant, as well as the above products entered into a contract with C on March 17, 2016, which satisfies the purchase specifications set forth in the public notice of Korea-Japan.

The full text of the contract terms and conditions: The defendant (hereinafter referred to as the "trustee") and the plaintiff (hereinafter referred to as the "trustee") enter into this contract with respect to the supply and installation of the A product for the transformation equipment for the Han Power Generation. The name of the contract: A 31 (including Article 2, April 30, 11, Article 33, Article 16, Article 13, Article 16, and Article 39, Article 39, Article 39, Article 39, Article 443, 300 (excluding value-added tax): Total amount of KRW 31,43,00 (excluding value-added tax) and Article 31, Article 44,30,00 (excluding delivery at the place of supply), the first service of the supply (contract products), the completion of installation (construction and the payment period): The first payment period after consultation, the payment period shall be paid at least 30% from the date of payment to the Korea Electric Power Corporation.