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(영문) 서울중앙지방법원 2020.11.19 2019가합540614
물품대금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Concluding the goods contract 1) Defendant Jeonnam-do B High School (hereinafter “B”).

) The term “instant device” means a device that automatically enables the mechanical process to be carried out in producing C consignment visibility to Defendant Gwangju Regional Procurement Office (hereinafter referred to as “instant device”).

2) On March 14, 2018, the Gwangju Regional Procurement Service (hereinafter “Plaintiff”) entered into a goods contract with the Plaintiff (hereinafter “instant goods contract”) under which the contract amount was KRW 948,00,000, and the delivery period was set as June 22, 2018, with each of the instant devices produced by the Plaintiff (hereinafter “the instant goods contract”).

3) The instant goods contract and the general conditions of the goods contract incorporated into the instant goods contract (hereinafter “general conditions”)

) Special conditions for the quality control of a purchase contract (hereinafter “special conditions”)

(2) Of the specifications, the portion relating to the instant case is as follows: E: The delivery period of the instant apparatus: June 22, 2018: A procuring entity: The inspection entity of the joint training institute of the second and the second joint training institute: The method of payment by proxy [the completion of the implementation of Section 8 of the General Conditions for Goods Contracts and the payment for the consideration]:

1. Inspection of goods;

(a) When the counter-party to a contract has completed the performance of a contract, he/she shall notify the contracting officer of such fact in writing and undergo a necessary inspection;

3. Payment of the price.

(a) When the other party to the contract has passed an inspection under “1” after the completion of the contract execution, it may request the payment of consideration in accordance with the prescribed procedures;

[Special Conditions for Quality Management of Goods Purchase Contract] Article 10 (Inspection of Demand Agency) (1) If a contract is concluded by an end-user institution, the other party should request an inspection and inspection to the end-user institution.

【Standard Form】

A. Characteristics

4. Location and process by process.

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