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(영문) 서울중앙지방법원 2019.07.26 2018가합545162

지체상금반환

Text

1. The Defendant’s KRW 635,920,817 as well as the Plaintiff’s KRW 3.65% per annum from April 7, 2018 to July 26, 2019.

Reasons

1. Basic facts

A. On June 14, 2016 and December 29, 2016, the Plaintiff entered into a purchase contract between the Plaintiff and the Defendant for Lithium batteries batteries (type 6, such as B) with the Defendant (Administrator of the Defense Acquisition Program Administration) on a total of KRW 4,658,00,000, to supply the goods to each place of supply by September 30, 2017, as shown in attached Table 1, and the Plaintiff entered into a purchase contract for Lithium batteries (type 6, such as B) with the Defendant.

A) The purchase contract for goods (hereinafter referred to as “the purchase contract for the instant goods”) under which the goods are supplied is referred to as “the purchase contract for the instant goods”

(2) According to Article 24 of the General Conditions for the Purchase of Goods (Manufacture) by the Ministry of Strategy and Finance, which was incorporated into the purchase contract of this case, (Article 253), where the Plaintiff fails to deliver the goods within the delivery period stipulated in the purchase contract of this case, the compensation for delay calculated by applying the rate of compensation for delay stipulated in the contract for each number of delayed days shall be paid in cash, and the public official in charge of contracts shall be entitled to deduct the compensation for delay from the price of the goods to be paid to the Plaintiff. The rate of compensation for delay under the purchase contract of this case was 0.15%.

The main contents related to this case among the general conditions of the purchase of goods (manufacture) contract shall be as shown in attached Form 2.

B. On April 21, 2017, around 22:40 on April 21, 2017, the Plaintiff’s factory’s results of the assessment of the occurrence of fire accidents and the causes of fire, etc., the Plaintiff’s factory is the Chungcheong Budget-gun C batteries factory operated by the Plaintiff (hereinafter “instant factory”).

) A fire occurred at a place where Lithium batteries batteries, etc. to be supplied to the Defendant on the first floor of the management Dong was accumulated, and the fire spreads and three of the manufacturing facilities of the factory of this case were discharged (hereinafter “instant fire accident”).

2) The Chungcheongnam-nam Budget Police Station in charge of the internal investigation of the instant fire accident.