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(영문) 서울중앙지방법원 2014.04.30 2013가합524399
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From July 20, 2011 to November 18, 2011, the Plaintiff entered into a purchase contract with the Defendant for each of the following items (hereinafter referred to as “in accordance with the sequence of each contract”) refers to the 1-5 contract, and the total of those contracts refers to each of the instant contracts.

1) On July 20, 2011 (amended by May 7, 2012), 5,289 758,536,770 (amended by 678,213,401) 2 high-speed clocks and 2 other than 10,402 684,421, 34034, 3403, 2803, 208, 168, 207, 208, 208, 168, 207, 208, 208, 15, 207, 108, 207, 108, 208, 207, 108, 36, 205, 16, 207, 15, 206, 205, 16, 207, 16, 2011.

[Special Conditions for Goods Purchase Contract] (1) The supervision and inspection of goods under this contract shall be based on the relevant provisions prescribed by the Defense Acquisition Program Act, the Acts and subordinate statutes, and the agencies in charge of supervision or inspection (hereinafter referred to as "quality guarantee agencies"), and the Plaintiff shall perform the obligations prescribed by the said Acts and subordinate statutes and the said regulations.

(4) The plaintiff is responsible for performing the duties provided for in the applicable specifications (or the purchase terms, specifications, and specifications), and the Director of the Defense Acquisition Program Administration and the quality guarantee organization shall have the right to verify.

The plaintiff shall guarantee that the contract item conforms to all items of the applicable specifications (or the purchase terms, specifications, and specifications), and shall prove it when the Director of the Defense Acquisition Program Administration supervisess the contract management headquarters and confirms the quality guarantee agency.

Article 13 (Notice of Delivery Site) (2) If it is deemed impossible to supply within the payment period due to reasons not attributable to the plaintiff's liability, the plaintiff shall attach evidentiary materials, and 30 days prior to the payment period.

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