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(영문) 서울중앙지방법원 2019.06.20 2018나72934
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells B, C, etc., and the Defense Acquisition Program Administration is a government organization under the jurisdiction of the Defendant delegated by the Minister of National Defense with the duties of contract management under Article 2 subparagraph 1 of the Enforcement Rule of the Act on Contracts to Which the State is a Party, such as procurement of munitions, and the Defense Acquisition Program Administration’s instructions.

B. On June 25, 2015, the Plaintiff entered into a D Delivery Contract with the Defense Acquisition Program Administration on June 25, 2015, and the details of the contract are as follows, and the compensation for delay was determined at an amount equivalent to 0.15% of the contract amount per delayed day.

(2) Army B 18,300 1,267 1,267 18,30 418,40 350 41,40 350 41,40 46,298,2963. 204, B 296. 16. 16. 16. 3,298,296. 3,404, B 296. 16. 2,96. 2,96. 2,96. 3,40,30,40, 296. 4. 2,96. 2,2,96. 3,2,96. 2,40, B 2,98, 200, 80, 118, 678, 658, 69, 6058, 605, 2015. 2, 196.

C. On December 3, 2015, the Plaintiff requested on December 3, 2015 to inspect raw and secondary materials to the Agency for Defense and Quality and Technology, and on December 11, 2015, the Plaintiff requested on December 3, 2015, the Plaintiff to notify non-conformity with the standards for raw and secondary materials, request for exemption from specifications, and reduction measures (see, e.g., Supreme Court en banc Decision 200Do483, Dec. 3, 2015).

On December 23, 2015, the Defense Acquisition Program Administration requested the Materials Contract Team to take measures to exempt or reduce the size in accordance with the non-conformity of non-materials.

The standard exemption and reduction measures shall be made with respect to the raw materials of the contracted goods in the national defense standard or the request for purchase.

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