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1. The Defendant’s KRW 4,923,533,515 as well as 6% per annum from January 9, 2013 to January 14, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On November 23, 2009, the Plaintiff and the Defendant entered into a contract with the Defendant to supply the amount of 56 electrical vehicles for cargo (hereinafter “instant electrical vehicles”) to KRW 350,50,000 in total ( KRW 6,258,928,571 per quantity) (hereinafter “instant contract”).
The contract documents of this case include a purchase contract, a detailed statement of goods, a special condition for a purchase contract (hereinafter “special condition”), a general condition for a purchase contract (hereinafter “general condition”), a manufacturing manual, etc. The supply deadline for the difference between each of the electrical agencies of the goods specifications is from July 5, 2012 to December 20, 2012, as indicated in the attached Table (hereinafter “the attached Table”). The main contents of the purchase contract, special condition, and general condition are as follows.
The contract price for the purchase of goods (total amount): 350,50,000 contract price: 35,050,000 special articles for liquidated damages: 0.15% special articles for the purchase of goods due to price fluctuation: Article 6 (Compensation for Delay) of the special conditions for the purchase contract that the contract does not adjust the contract price due to price fluctuation.
Article 11 (Advance Payment) (1) A contracting officer shall pay advance payment when a request from the other party to the contract is made pursuant to Article 8 of the Rules on Accounting Affairs of Public Corporations and Quasi-Governmental Institutions.
Provided, That where it is impracticable to pay advance payment in consideration of the budget, financial standing, etc. of the Corporation, the counter-party shall be notified.
Article 12 (Payment of Price) A contracting officer shall have been partially amended by Presidential Decree No. 2282 on July 21, 2010 by the former Enforcement Decree of the Act on Contracts to Which the State is a Party, Article 58(1) of the Enforcement Decree.