logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.08.27 2014가합542653
물품대금
Text

1. The Defendant: (a) KRW 1,155,862 to the Plaintiff; and (b) KRW 6% per annum from July 10, 2013 to August 27, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff, a social welfare foundation established pursuant to the Social Welfare Services Act, concluded a commodity supply contract with Defendant Ministry of National Defense under a negotiated contract with the Defense Acquisition Program Administration under the Ministry of National Defense, and supplied military clothing.

(2) From July 8, 2008 to May 18, 2012, the Plaintiff entered into an agreement with the Defendant on the supply of seven goods for the Army Cargo and the Air Force (hereinafter “instant military sports uniforms”) as indicated in the following table (hereinafter “instant agreement”).

On July 8, 2008, the contract amount of the goods under the contract date (won) 1 included 256,30,000,000 the Army Cargo 241,370,700,700 on August 31, 2010 on June 21, 2010: (a) 264,06,348,3485, 200 April 20, 201, the purchase of the goods under the contract date included 263,193,10 as follows: (b) 363,193,100 on June 22, 201, each of the following special terms and conditions under the contract include the 278,194,400,758,754,758,758,57,57,708,57,57,57,57,57,57,57,2012.

[Article 30 of the Special Conditions of this case] (1) In a case where "B" is found to have made unjust enrichment after the conclusion of this contract, or where it is confirmed that "B" has inflicted loss on the National Treasury due to a mistake in the data for calculation of costs or the amount of contract by an improper decision of the budget price or the amount of contract due to a mistake in the calculation of costs after the conclusion of this contract, "B

In particular, when “B” submits false or other unlawful data and obtains unjust enrichment, “A” shall recover the amount of unjust enrichment at the same time as the restitution of the unjust enrichment, and in addition, additional charges equivalent to the amount of unjust enrichment shall be recovered, and in the case of “B” which entered into a contract by submitting unlawful cost data, such as falsity, the measures may be taken in accordance with Article 62(4)3 of the Defense Acquisition Program Act.

arrow