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(영문) 서울남부지방법원 2017.04.04 2016가단17914
물품대금
Text

1. The Defendant shall calculate 70 million won to the Plaintiff at the rate of 15% per annum from April 5, 2016 to the date of full payment.

Reasons

In full view of the facts without dispute, Gap evidence Nos. 1 through 10 and the whole purport of the pleadings, the defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 5, 2016 to the date of full payment after the delivery of the original copy of the instant payment order to the plaintiff, as requested by the plaintiff, to the plaintiff, by participating in bidding on the research support room and the river flow measurement system of the research support room, which the foundation for industry-academic cooperation in the Changwon University announced on May 22, 2013, which is the end-user institution.

In this regard, the defendant asserts that there is a problem in the bidding process and supply process by demanding the industry-academic cooperation foundation of the Changwon University which is an end-user institution to supply only the plaintiff, but the above fact of the defendant's assertion does not hinder the plaintiff's claim.

In addition, the defendant asserts that there is a defect in the goods supplied by the plaintiff, but there is no evidence to acknowledge it. Rather, in full view of the purport of the whole pleadings as to the items in Gap evidence Nos. 1 through 5 (including the number of evidence No. 4), it is recognized that the examination by the demanding administrative agency was completed for the goods delivered by the plaintiff and accordingly the amount of KRW 72.5 million was paid to the defendant. Thus, the defendant's above assertion is without merit

The plaintiff's claim is accepted.

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