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(영문) 서울중앙지방법원 2017.09.13 2017가단5023496
손해배상(기)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 1, 2016, the Plaintiff entered into a contract with the Defendant for production and delivery (hereinafter “instant contract”) of the FRP for materials, FRP for materials 800 x 400 x 900 m (including Class 3 of the snow-gu 3) for free snow-free tools (including Type 3 of the snow-gu 259,816,200 x December 16, 2016.

B. The instant contract contains the following contents: “The specifications for the purchase and installation of goods” and “the general conditions for the purchase of goods”, etc.

Article 4 (Approval of Goods) Section 1 of the specifications for the purchase and installation of the goods shall produce a prototype prior to the production of the goods, undergo a sufficient review of the agency awarding the contract and the product, and supply it in mass. 2) If there is any problem that is not reflected in the design in the prototype, the contractor shall cooperate in consultation with the agency awarding the contract so that the modification and supplementation of the product may be

The delay in performing the contract and the cancellation and termination of the contract under Section VII of the General Conditions for Goods Contracts

1. Damages for delay;

(c) When a contracting officer deems that delivery has been delayed as it falls under any of the following subparagraphs, he/she shall not include the relevant number of days in the number of delayed days:

3) Where the commencement of manufacture has been delayed or suspended on the responsibilities of the ordering agency, or where it has been delayed due to any cause not attributable to the responsibilities of the contractor.

2. Extension of contract term;

(a) Where an extension of the contract period and additional expenses are incurred due to the extension thereof in writing to a contracting officer without delay before the contract period expires, where any of the causes referred to in 1-C occurs within the contract period;

(d) An application for the adjustment of a contract price under this paragraph shall be filed simultaneously;

(b) contracting officers;

(a) When an application for extension of the term of the contract is received, necessary measures, such as the extension of the term of the contract, shall be taken immediately to verify that fact and to ensure that the contract is properly implemented;

3. The grounds for which the other party to the contract is responsible;

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