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Reasons
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(영문) 서울중앙지방법원 2017.09.27 2017가합506948
채무부존재확인
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 16, 2015, the Plaintiff entered into a goods contract with the Defendant and the Plaintiff to supply steel stuff (hereinafter “instant first goods contract”) with the Korea National Procurement Service on August 13, 2015, with the supply deadline on August 13, 2015, the contract price of KRW 683,700,000, and liquidated damages rate of KRW 0.150% (hereinafter “instant liquidated damages rate”).

B. As the Plaintiff failed to complete the supply of the instant goods by August 13, 2015, which is the delivery deadline of the instant goods contract, the Plaintiff was to enter into the instant goods contract with the Defendant through the Korea National Procurement Service on November 23, 2015, and the contract amount and the rate of liquidated damages are the same as the instant goods contract. However, the base date for calculating liquidated damages shall be August 13, 2015, which is the delivery deadline of the instant first goods contract, and no more than the instant goods contract with the purport of changing the delivery deadline to February 29, 2016.

AB concluded the agreement.

C. The Plaintiff failed to complete the supply of the instant goods until February 29, 2016, which was the delivery deadline for the instant goods contract. On May 26, 2016, the Plaintiff concluded a goods contract with the Defendant, the contract amount, the rate of liquidated damages, the calculation date of liquidated damages, and the calculation date of liquidated damages, the same as the instant first goods contract, and the alteration of the delivery deadline to May 31, 2016 (hereinafter referred to as “instant third goods contract”) with the purport of changing the delivery period to May 31, 2016 (hereinafter referred to as “instant goods contract”). The instant goods contract is collectively referred to as “each goods contract.”

A new contract was concluded. The amount of 53,713,700 00 05,713,713,700 on April 21, 2015 (original 40,747,420 40,747,747,420 on April 23, 2015, 17, 18,414,3015 3,480,484, 93636, 934, 000 on August 37, 2016, 37, 57, 575, 710, 307, 200 on August 36, 207, 200, 306, 304, 47, 57, 306, 307, 364, 207, 205, 3017, 305, 3084

D. The Plaintiff.

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