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(영문) 서울서부지방법원 2015.07.16 2014가합9571
물품대금
Text

1. The Defendant’s KRW 147,667,512 and KRW 145,667,512 among the Plaintiff and the Plaintiff’s KRW 145,67,512 from September 26, 2014 to July 16, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company whose purpose is to wholesale and retail business of optical semesters, computer peripheral devices, etc., and the Defendant is a company specializing in wholesale of security equipment and information and communications construction, etc.

B. On September 1, 2014, the Defendant entered into a contract for the supply of goods (hereinafter “instant contract for the supply of goods”) with the Armed Forces Finance Management Body, with the Defendant to supply 39,99,99,90 won for image production equipment, such as camping cams, to the Armed Forces Finance Management Body. The rate of compensation for delay was 0.15% per day, the delivery date was 0.15% from September 1, 2014 to September 21, 2014, and the delivery place was determined as a military unit nationwide (hereinafter “instant contract for the supply of goods”).

The contract special conditions and calculation sheets were attached to the contract supply contract of this case, and the above contract special conditions and calculation sheets contain the following contents:

Article 5 of the Special Conditions for Contracts (Recovery of Errors, etc. of Contract Amount) (1) If a supplier submits false or other unlawful materials to the supplier, thereby determining the estimated price or the contract amount unfairly, or mistakenly settling the cost due to a cause attributable to the supplier, the supplier may demand the supplier to return the relevant amount and the amount equivalent to the statutory interest, and the supplier shall return it to the user without delay.

Article 8 (Guarantee and Defect) (1) Where it is found that the standard and quality of the object of a contract are different from the terms and conditions of the contract for one year after the delivery, the consumer may claim against the supplier for the replacement of the object of the contract, the return of the contract

(4) In addition to paragraph (1), the supplier shall maintain the subject matter of a contract free of charge for at least two years after the delivery.

Cinematographic editing machine 46,571,752 HD Digital Camp 264,637,240 small video camera 88,791,07,07, the total amount requested for execution of the purchase of goods by the name of the goods.

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