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(영문) 서울중앙지방법원 2017.08.10 2017가단5015464
계약대금
Text

1. The Defendant paid KRW 73,881,123 to the Plaintiff KRW 5% per annum from February 2, 2017 to August 10, 2017.

Reasons

(b) shall not be included in the number of days of delay under paragraph (1);

provided, however, that if any of the following events occurs, the consumer shall be notified in writing without delay to the consumer and approved.

Cases of force majeure, such as natural disaster;

(b) Where the responsibility of the Navy is delayed;

(c) Where it is caused by any other cause not attributable to the supplier (a local transportation clause, etc.).

(d) Where he/she takes measures not to obstruct the operation of equipment by replacing the broken equipment with spare parts of a supplier.

4.The deduction criteria shall be as follows in the event of a delay in an emergency:

Where the restoration of failure is not completed within 24 hours after the arrival of the site, the number of days of delay shall be one day when exceeding 24 hours after the arrival of the site, and the number of days of delay shall be calculated by adding one day when it goes beyond 12 cc a day after the arrival of the site, and the equipment (part) and software which cannot be used due to breakdown shall be deducted from the quarterly maintenance expenses according to the following standards:

* Deduction Criteria: Annual Maintenance Expenses of the relevant equipment 2.5/1,000 Delays.

(b) Where it is deemed that an emergency maintenance is delayed due to reasons not attributable to suppliers, such as natural disasters and bad weather conditions, the number of days concerned shall not be included in the number of days for delay;

On December 3, 2015, the problem was caused by the “VLF Direction Communications System”, and the Plaintiff did not transmit it. From December 7, 2015 to January 11, 2015, the Plaintiff confirmed that there was a problem with peter (12 each side and lower part of the two steel tower) among the antenna steel steel towers, and made use of bedles, which are multi-public facilities, capable of checking and separating pets from December 14, 2015 to January 7, 2016.

E. Meanwhile, the Plaintiff consulted on the status of P-2 antenna, etc. by means of “A”, “B,” and e-mail, a foreign company related to the above VLF direction communications system. On January 4, 2016, the technician of “B” agreed on the status of P-2 antenna and its weight 5.2m in the length of P-2 antenna Ma14.

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