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(영문) 서울중앙지방법원 2016.12.06 2015가합527873
물품대금
Text

1. The Defendant’s KRW 319,773,80 for the Plaintiff and KRW 20% per annum from May 9, 2015 to September 30, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a construction material that combines sand, gravel, etc. with the Public Procurement Service and the Public Procurement Service (No. 1) and the Public Procurement Service (No. 2014) with respect to the purchase of government-funded materials to the end-of-life institutions as the business place of the Defendant’s strong route with respect to the purchase of government-funded materials.

The supply contract of this case (hereinafter “supply contract of this case”) is signed, and between July 19, 2014 and October 28, 2014, at the request of the Guro Office, the 3,268 tons “WC-3 (64-22)” used in the said construction site, and “WC-3 (76-22)” used in the said construction site, and “WC-76,222 Schlage” used in 3,268 tons “WC-3 (76-22)” used in the said construction site.

[2] The name of the route was supplied. As a result of the inspection of the date of the request for construction of the name of the route, the volume expressed in terms of a percentage as a percentage the volume occupied by the gap among the volume of the mixture of asphalts with the gap (%) as a result of the results of the inspection of the request for construction of the name of the route. The volume expressed in terms of a percentage the volume of the solution occupied by the asphalt out of the gap between the aggregate of the aggregate of the asphalt mixturess (%).

As a result, from the reference point, it has failed to pass a failure to pass an inspection on August 11, 2014 to August 12, 2014, from August 14 to August 12, 2014 on August 14, 2014, to pass an inspection on November 64.2, 2014 on November 4, 2014 to November 64, 2014, on the south cycle, which failed to pass an inspection on November 4, 2014.

B. The Seoul Metropolitan Government Quality Test Center (hereinafter “Quality Test Center”) to which the Defendant belongs (hereinafter “Quality Test Center”) conducted a quality inspection on the instant asphalt that the Plaintiff supplied to the airport to the airport at the request of the Defendant (sect. from March to Gangseo-gu) and the Southern Circulation (sect. from the New IC-Sero-ro) and judged that the Plaintiff failed to pass a quality inspection twice.

(hereinafter “instant 1 and 2 inspections”). The details of the quality inspection are as follows.

C. The Defendant rejected the payment of KRW 319,773,80 (=3,268 tons x 97,850 won) on the ground that the instant container was judged to have failed the inspection in the first and second inspections of this case.

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