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(영문) 서울중앙지방법원 2013.12.10 2012가합540721
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant)’s assembly of containers with 500MD on September 9, 2010.

Reasons

1. Facts of recognition;

A. On September 9, 2010, Won and the Defendant supplied the Defendant with an agreement under which the Plaintiff would pay the Plaintiff KRW 99,00,000 for the goods (hereinafter “instant agreement”) by transferring ammunition (2,000) installed and stored in the 50M container (a size number: 1005-1395 (land), 500M helicopters) to the engine gun 7.62 meters; hereinafter “instant equipment”). The Defendant concluded a contract under which the Plaintiff would pay the Plaintiff KRW 99,00,000 for the goods (hereinafter “instant agreement”).

The contract documents of this case include the specifications of the contract, the general conditions of the purchase contract, the special conditions of the purchase contract for the purchase of goods, and the calculation specifications, among which the goods purchase contract, the general conditions of the purchase contract, and the special conditions of the purchase contract are as follows.

[Purchase Contract] The name of the goods: The contract price of 99,00,000 won for the assembly of containers with 500M: 9,900,000 won: The rate of liquidated damages for delay: 0.15%: until February 28, 2011 (the general conditions of a purchase contract) (1) Article 19 (Inspection) (1) shall be notified in writing to the public official in charge of contracts when the contract is completed, and the other party to the contract shall undergo the necessary inspection.

The same shall apply where a person wishes to pay the whole or part of the price prior to the full payment of the already paid portion.

(3) Upon receipt of the notice under paragraph (1), a public official in charge of contracts shall conduct an inspection to verify the implementation thereof in the presence of the other party to the contract, within 14 days from the date, based on the contract or other relevant documents, in accordance with the inspection-related regulations and

Where the inspection is not completed due to force majeure, such as a natural disaster, etc., the period during which such cause continues to exist and three days from the date on which such cause ceases to exist.

(4) In conducting an inspection under paragraph (3), if the public official in charge of contracts finds that all or part of the counter-party to the contract violates or is unreasonable, he may take necessary corrective measures

(e).

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