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(영문) 서울중앙지방법원 2015.07.21 2014가단5199224
물품대금
Text

1. The Defendant’s KRW 12,285,633 as well as the Plaintiff’s KRW 4.4% per annum from April 3, 2015 to July 21, 2015.

Reasons

1. Basic facts

A. On July 15, 2011, the Plaintiff and the Defendant entered into a contract under which the Plaintiff arranged the F-4 combat unit components (i.e., cable assembly, (ii) cellular block unit) and deliver them to the Defendant (hereinafter “instant contract”). The key contents are as follows.

However, the following changes in the quantity of parts requiring maintenance and the defendant requested the maintenance of 15 cable assembly units and 7 cellular block block unit to the plaintiff.

[Purchase Contract] The name of the contract: The deadline for the delivery of the parts of the F-4 institution: 29,770,000 won for the supply of goods until August 31, 2012 (29,770,000 won for contract deposit) ① 20,320,000 won for the cable assembly (20 won for the maintenance services per cable assembly 96,000 won for the cable assembly x 20) ② ② 10,450,000 won for the maintenance services for each unit of the actual block block 10,45,00 won (1,000 won for the maintenance services for each actual block x 1,000 won x 10) : 0.25% [Special Conditions for Contract] Article 4 (Application of Contract Documents, etc.) (1) of the contract shall have the effect as part of this contract even if the following matters are not attached to the contract:

1. The Defense Acquisition Program Administration Regulations concerning technical data and drawings;

2. A statement of applicable standards, such as a national defense standard;

3. A written statement of purchase of goods (manufacture) and a bidding price;

4. The general conditions of the purchase of goods (manufacture), the contract (the original and duplicate, and the total three copies shall not be omitted) (2) Except as otherwise stipulated in this condition, the purchase of goods shall be governed by the general conditions of the contract.

(3) Except as otherwise provided, the relevant provisions cited in this condition shall apply at the time of a contract.

Article 10 (Interest for Payment of Price and Delay of Payment) (1) The defendant shall pay the price for a contract that becomes a burden on the National Treasury under Article 15 (2) of the Enforcement Decree of the Act on Contracts to which the State is a Party, within five days from the date on which the other party's request is received, after completing the inspection under Article 55 of the Act.

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