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(영문) 광주지방법원목포지원 2015.12.04 2015가합10597
지체상금 등
Text

1. Of the instant lawsuit, the part claiming KRW 409,757,400 and damages for delay shall be dismissed.

2. The defendant shall make the plaintiff 453,481.

Reasons

1. Basic facts

A. The Plaintiff (a) entered into a contract with the Korea Marine Cultural Heritage Research Institute affiliated with the Office of Cultural Heritage (hereinafter referred to as the “Plaintiff”) under which the Korea Marine Cultural Heritage Research Institute (hereinafter referred to as the “Korea Marine Cultural Heritage Research Institute”) constructed and supplied the vessel exclusively for the excavation of water on two occasions as follows (hereinafter referred to as “the Korea Marine Cultural Heritage Research Institute”) to the Plaintiff.

(A) The terms and conditions of each of the instant shipbuilding agreements are as follows: (a) the term and conditions of each of the instant shipbuilding agreements; and (b) the term and conditions of each of the instant shipbuilding agreements are as indicated in the table below.

1) From October 4, 2010 to June 30, 2011, the period of KRW 1,751,100,000, and from October 4, 201 to June 30, 201, the contract deposit of KRW 399,426,487, and the rate of liquidated damages for delay was 1.5/1,000, respectively; 2) concluded a long-term first contract on January 14, 201; 2,243,164,870; and the period from January 14, 201 to June 30, 201; 39,426,487, respectively; and 39,487, respectively; and 1,005,000,000 for liquidated damages.

Article 1 (Special Conditions for the Purchase of Goods (Manufacture) Special Conditions for the Purchase of Goods (Application) and this Special Conditions (hereinafter referred to as the "Conditions") shall apply to the purchase of non-storage goods (including "manufacture and Supply"; hereinafter the same shall apply) executed by the Public Procurement Service, and the General Conditions for the Purchase of Goods (Article 1) Contracts for the Purchase of Accounting Rules (Article 1) (Article 1) (Article 1 of the Act on Contracts to Which a Local Government Is a Party shall be governed by the General Conditions for the Purchase of Goods, hereinafter referred to as the "General Conditions for the Purchase of Local Government or the General Conditions for Local Government).

Article 10 (Compensation for Delay) (1) When the other party to the contract delivers it after the lapse of the delivery period, the public official in charge of contracts shall rate the compensation for delay as stipulated in the contract.

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