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(영문) 부산지방법원 2018.02.14 2017가합41463
물품대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 21, 2015, C(A) and Plaintiff B (hereinafter “Plaintiff B”) entered into a contract for manufacturing goods (hereinafter “instant contract”) with a co-beneficiary, with the content that he/she gets dried up of a total of 8 D units of 3(A) and Plaintiff B, respectively, by June 17, 2016 (hereinafter “instant contract”).

On December 1, 2015, C(A) of the parties to the instant contract changed to Plaintiff A(hereinafter referred to as “Plaintiff A”).

B. “The general conditions for goods purchase (manufacture) contract” included in the instant contract had the following provisions for liquidated damages, and the rate of liquidated damages under the instant contract is 0.15% per day.

Article 24 (Compensation for Delay) (1) When the other party to the contract fails to deliver any goods within the delivery period stipulated in the contract, he/she shall pay the amount calculated by multiplying the contract price by the rate of compensation for delay as stipulated in the contract (hereinafter referred to as "compensation for delay") for each number of days immediately

(3) If a contracting officer deems that delivery is delayed because the number of days in question falls under any of the following subparagraphs, he/she shall not include the number of days in the number of days per delay:

3. Where the supply of goods is delayed without the responsibility of the other party to the contract and falls under any of the following:

(c) Where the manufacturing period is delayed due to design modification at the request of an ordering agency after approving design documents;

(d) Where the commencement of manufacturing has been delayed or suspended due to the responsibility of an agency awarding an order;

4. Where it is delayed due to any cause not belonging to the other party to the contract.

C. Plaintiff A supplied “D” to the Defendant on August 11, 2016; “B” on August 2, 2016; “B” on August 26, 2016; “B” on September 1, 2016; and “B” on September 22, 2016.

The Defendant shall apply 0.15% to the number of days delayed delivery on November 1, 2016, and shall apply the rate of 0.15% to the Plaintiff, and shall deduct the penalty for delay of KRW 415,640 to the Plaintiff, and KRW 625,123,50 to the Plaintiff B, and the remainder of the goods from the Plaintiffs.

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