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(영문) 부산지방법원 2020.11.11 2019나58773

구상금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. (1) Of the ordered quantity, the Defendant shall ensure that the daily quantity (4.15M 117, 5.2M 13) in storage in a warehouse arrive at the construction site by February 19, 2017 and that the daily quantity is equal to the daily quantity on the day.

(2) The Defendant shall ensure that the remaining quantity of the ordered quantity reaches the construction site by February 23, 2017.

(3) On February 17, 2017, the supplementary intervenor’s daily payment of KRW 30,000 (30,000,000) out of the settlement amount is paid immediately after the issuance of the contract performance guarantee certificate by the Defendant.

(10%) Any balance (4) shall be paid by a supplementary intervenor on February 23, 2017 after arrival at the construction site and inspection of the remaining quantity.

(Period of guarantee shall be 10 days)

A. On February 16, 2017, the Defendant concluded a supply contract with the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) to supply KRW 1,250 to KRW 59,50,000, the terms and conditions of the contract are as follows.

B. On February 19, 2017, the Defendant supplied 4.2M 117 and 34 (hereinafter “instant air supply parts”) to the Intervenor on April 2M 19, 2017 under the said contract.

C. On February 28, 2017, the Defendant entered into a supply contract with the supplementary intervenor (4.1M), 1,250 connecting departments (1,500 and 11,000 Won 59,50,000 (hereinafter “instant supply contract”). Of the ordered quantity, the Defendant shall promptly pay the remainder of the fixed-day quantity (4.15M 17, 5.2M 13) stored in the warehouse to the supplementary intervenor (2) after the arrival of the construction site on February 19, 2017. The Defendant shall pay the remainder of the fixed-day quantity among the ordered quantity to the construction site by March 9, 2017.