(영문) 수원지방법원 2015.04.10 2014가합4760

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(영문) 수원지방법원 2015.04.10 2014가합4760

지체상금 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 10, 2012, the Plaintiff entered into a purchase contract with the Yeongdeungpo-gu District Water Treatment and Waterworks Business Office to purchase government-supply materials, with the content that the contract amount shall be KRW 943,600,000,000, for the supply of government-supply materials.

A: The actual tax amount of the Plaintiff: The actual tax amount of KRW 473,873,400 (including value-added tax): Within 14 days after the conclusion of the advance payment; - Within 14 days after the delivery of intermediate payment - within 30% (cash) - within 14 days before and after the payment of intermediate payment - the actual tax amount of 20% (cash) : The period of delivery of the actual tax amount on the field of the Yeongdeungpo-gu Public Sewage Disposal Center (Establishment): Article 1 (Contract Guarantee and Payment Guarantee) (1) shall deposit the amount equivalent to 10/100 of the price of delivered goods with cash or performance guarantee insurance policy in order to guarantee the performance of the contract for the installation of goods.

(3) The proviso omitted shall deliver a payment guaranty insurance policy to B.

The actual tax amount of Article 5 (Compensation for Delay) shall be paid to Gap, when the installation of goods is not supplied according to the fair sheet within the contract period, in an amount equivalent to 0.15/100 of the contract amount.

Provided, That this shall not apply in case of natural disasters or other force majeure causes.

B. On September 15, 2012, the Plaintiff entered into a contract with the Defendant for the supply of goods (hereinafter “instant contract”) with the content that the Plaintiff would be supplied by the Defendant with each of the formula 1 (hereinafter “instant formula”) regarding the purchase of government-funded materials for the reuse facilities of Yeongdeungpo Public Wastewater (general human treatment facilities), and the main contents of the contract are as follows.

C. On February 6, 2013, the Defendant supplied the instant goods except the pumps, and completed the supply and installation of the instant goods by supplying the instant goods to the pumps on March 15, 2013.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1, 5, 7, and Eul Nos. 1, 4, 5.

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