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(영문) 울산지방법원 2016.08.09 2015가단63946
납품대금
Text

1. The Defendant’s KRW 10,072,473 as well as the Plaintiff’s annual rate of 6% from December 18, 2015 to August 9, 2016, and the following.

Reasons

1. Basic facts

A. On May 11, 2015, the Plaintiff entered into a standard purchase contract (hereinafter “instant contract”) with the Defendant to supply 143 kinds of goods, including pressure transmission devices, to be used at the Dagjin power plant, to KRW 308,734,800 (including value-added tax).

The main contents are as follows:

The delivery period: On June 29, 2015, the place of delivery: The rate of compensation for delay shall be 0.15% per day before the payment period of 14 days before the place of the designation of the Headquarters of the Fire-Fighting Force (Hadokdo), and the plaintiff accepts the general conditions of the purchase contract for the purchase of goods as part of the contract.

B. Of the general terms and conditions of the purchase contract, which are part of the instant contract (hereinafter “the general terms and conditions of the contract”), the contents of the instant case are as follows.

Article 13 (Delivery of Goods) (1) The other party to the contract shall comply with the Korean Industrial Standards (including the logistics standards under Article 5 of the Goods Distribution Promotion Act, unless special circumstances exist) under Article 24 of the Industrial Standardization Act and deliver the relevant goods (including the documents, etc. necessary for inspection) to a place designated by the purchaser by no later than the

(2) The delivery of goods shall be completed at the time the successful goods inspected in accordance with the procedure determined by a buyer are received from the other party to the contract at a designated place.

(4) Except where the buyer requires divided delivery, or the divided delivery is permitted, if necessary, the supplied supply shall be limited to the designated number of copies.

Article 20 (Inspection) (10) In principle, the number of days required for inspections shall be eight days, the annual average number of days required.

Provided, That in special cases, such as the quantity and conditions of inspection, the number of days required for inspection may be separately determined.

Article 27 (Compensation for Delay) (1) When the other party to a contract fails to deliver goods within the delivery period prescribed in the contract, the other party to the contract shall apply the liquidated damages rate prescribed in Article 75 of the Enforcement Rule for

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