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(영문) 서울동부지방법원 2017.06.22 2015가합110247
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 69,987,50, and shall pay the Plaintiff a full payment from May 1, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff is a company running a network design construction business or an information and communications construction business, and the defendant is a company running an information and communications construction business, communications equipment manufacturing business, and broadcasting equipment manufacturing business.

The Seoul Special Metropolitan Police Agency, through the Seoul Special Metropolitan Government Government Procurement Agency, publicly announced the bid for the "The CCTV system digital transformation project for traffic information" (hereinafter referred to as the "instant project").

On October 17, 2014, the Defendant selected as a contractor in the bid, and entered into a contract with the Seoul Local Government Public Procurement Service as an ordering office to digitalize the CCTV images operated by the Seoul Local Police Agency General Transport Information Center, to build a new integrated control system and network system, and to perform infrastructure construction works of the said Integrated Transport Information Center.

(hereinafter “instant goods contract”). Details of the statement attached to the instant goods contract are as shown in attached Form 1.

In order to implement the instant goods contract, the Plaintiff and the Defendant entered into a contract with the Plaintiff on October 17, 2014 under which the integrated control system (including software development) was supplied, installed, and the Plaintiff performs infrastructure facilities construction, such as interior (hereinafter referred to as “instant contract”). The details of the written statement attached to the said contract are as shown in attached Form 2.

Contract goods: The rate of liquidated damages for delay (including value-added tax): 2.5/1,000 (Contract amount x the rate of liquidated damages for delay x the number of delayed days) per day of delay concerning the total contract amount: The delivery period: the place of delivery from October 17, 2014 to March 31, 2015: The place of delivery: The place of the designation of the defendant or the supplier (the ordering person), and all other matters (1) shall be based on the specifications, specifications, proposals, etc. of the defendant or the supplier.

(2) Where an inspection is found to have failed goods, all such goods shall be based thereon.

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