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(영문) 대구지방법원서부지원 2015.11.12 2014가합4416
물품대금
Text

1. The Defendant’s KRW 137,434,603 and KRW 126,741,081 among them shall be the Plaintiff from September 23, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On March 22, 2012, the Plaintiff entered into a contract with the Defendant, who was awarded the bid in the 2012 Daegu Branch’s “Unit Price Contract” contract, under which the term of the contract for the fire fighting unit produced by the Plaintiff was determined from March 22, 2012 to March 20, 2013, with the contract price of KRW 25,633,000,000 (including value-added tax), to supply the Defendant with the contract price of KRW 573,260,09 (hereinafter “instant contract”).

B. From March 22, 2012 to March 13, 2013, the Plaintiff asserted that the Defendant supplied 331,078,363 won produced by the Plaintiff to the Defendant, from the Plaintiff, saw that the Defendant was supplied with saw fire in a quantity less than the supply amount prescribed in the instant contract. However, as seen earlier, as seen earlier, the saw fire loaded in the amount calculated on the basis of the upper saw as indicated in the No. 4’s measurement certificate, shall be deemed the supply amount of the saw fire.

(2) The fire fighting unit of this case (hereinafter “the fire fighting unit of this case”) supplied only KRW 204,337,228,00, which was paid by the Defendant and partly appropriated for damages for delay as of August 28, 2014, the damages for delay remains KRW 10,693,522, and the remainder remains KRW 126,741,081.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, as to the remaining amount of KRW 137,434,603 (10,693,52 won for delay delay damages of KRW 126,741,081) and the remainder of KRW 126,741,081 from September 23, 2014 to September 30, 2015, the following day after the delivery date of the original copy of the instant payment order, Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings, Article 3(1) of the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Provisions”) (amended by Presidential Decree No. 26553, Sep. 25, 2015) and Article 2(2) of the former Special Provisions (amended by Presidential Decree No. 26535, Sep. 25, 2015).

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