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(영문) 서울중앙지방법원 2017.06.21 2016가합568000
양수금
Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. The defendant shall pay to the plaintiff KRW 1,108,542,00 and this shall apply to the plaintiff.

Reasons

1. Basic facts

A. 1) Cases Co., Ltd. (hereinafter “Cases”)

() On June 12, 2015, the term of the contract with the Defendant for the total contract amount of KRW 4,390,528,000, and the term of the contract from June 12, 2015 to April 28, 2016 (hereinafter “instant supply contract”).

Article 22 (Payment of Price) (1) The counter-party to the contract shall attach a written claim for the payment of price (which shall be accompanied by a plan for the payment of price to the sub-contractor) when the counter-party passes an inspection under Article 19 after completing the contract execution, among the general conditions of the contract for the purchase of goods (the established rules of the contract) applicable

(2) Upon receipt of a request under paragraph (1), the public official in charge of contracts shall be excluded from legal holidays and Saturdays) from the date on which the request is received.

The same shall apply to this Article.

The consideration shall be paid within the relevant period, and the consideration shall be paid promptly, notwithstanding the deadline for the payment of the consideration, except in extenuating circumstances, such as financial standing, etc.: Provided, That a special agreement which extends the deadline for the payment of the consideration within the extent not exceeding five days by an agreement with the contractor under the contract may be concluded. Article 23 (Interest on Delayed Payment) (1) Where a request for the payment of consideration is made by the deadline for the payment of the consideration under Article 22 (20 days from the date the relevant budget was allocated pursuant to the National Finance Act after the beginning of the following fiscal year in cases of a contract with a liability to assume national treasury obligations), the public official in charge of contracts may, upon receipt of the request

(i) at the time of the delay in respect of the unpaid amount, the average loan interest rate (which means the average loan interest rate of financial institutions on statistical monthly compensation of the Bank of Korea);

interest shall be the amount calculated by multiplying the amount of interest.

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