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(영문) 인천지방법원 2017.11.01 2016가단58156
지연배상금
Text

1. The Defendant: (a) KRW 16,341,204 for the Plaintiff and 5% per annum from November 17, 2016 to November 1, 2017; and (b) for the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 22, 2016, the Defendant entered into an agreement with the fire headquarters of Ulsan Metropolitan City on the supply of goods and technical assistance to facilitate the supply of goods and technical assistance to the successful bidder of the said project with respect to “business name: Biological agents” between the fire headquarters of Ulsan Metropolitan City.

B. On March 29, 2016, the Plaintiff participated in a bid to purchase goods through a public announcement of the head of the Ulsan Metropolitan City fire headquarters, awarded a contract of KRW 253,352,00. On April 20, 2016, the Plaintiff entered into a goods supply contract with the head of the Ulsan Metropolitan City fire headquarters and entered into a goods supply contract with the head of the Ulsan Metropolitan City fire headquarters

The title of contract: The purchase price of rescue equipment for counterterrorism: 253,352,00 won: 252,00 won per day: 0.15% per day: June 19, 2016 (60 days from the date of the contract);

C. On May 18, 2016, the Plaintiff requested the Defendant to estimate and deliver rescue equipment and goods (hereinafter “payment date”). On May 23, 2016, the Defendant submitted a written estimate to the Plaintiff on an amount of KRW 78,200,000 for three sets of rescue equipment and goods (two sets of biological agents, one set of radioactive type analysis devices), as well as on June 14, 2016.

On May 27, 2016, based on the foregoing quotation, the Plaintiff sent to the Defendant a letter of order for purchase, stating as follows: “The sum of KRW 78,200,000, 50% prior to the delivery of the goods, 50% after the delivery, and the due date for payment,” the Plaintiff sent to the Defendant a letter of order for purchase, stating as “the date of detection of biological agents 2 sets, radioactive nuclear type analysis devices 1 sets (hereinafter “instant goods”).

E. On June 16, 2016, the Plaintiff paid 78,200,000 won to the Defendant for a definite answer on the payment date and urged the Defendant to supply goods. On June 18, 2016, the Defendant sent to the Plaintiff a certificate of content that “The supply of the instant goods by June 20, 2016 is impossible and faithfully performed through the manufacture, etc.” (i.e., the biological agents, etc.) is 60 days for the payment period.”

F. Accordingly, the Plaintiff: (a) on July 25, 2016, the Defendant on July 29, 2016.

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