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(영문) 의정부지방법원고양지원 2019.07.12 2018가단94624
물품대금
Text

1. The Defendant: 191,200,000 won to the Plaintiff Republic of Korea and 5% per annum from March 4, 2015 to December 6, 2018.

Reasons

1. Facts of recognition;

A. A. Around January 2014, Plaintiff Corporation requested the Republic of Korea (the Government Procurement Service) to purchase leisure equipment related to “B”, and accordingly, Plaintiff Republic of Korea (the Government Procurement Service) entered into a contract with Defendant to purchase KRW 239,000,000 on the condition that Defendant was installed at the site of B, on May 2, 2014.

(A) Evidence No. 1, hereinafter referred to as “instant purchase contract”). (b)

The delivery period of the instant purchase contract was June 30, 2014, but thereafter, it was delayed on June 30, 2015 and December 31, 2015 through an agreement.

C. On January 19, 2015, the Defendant installed and supplied the brigade at the construction site and supplied it.

(hereinafter referred to as the “instant brigade”). D. The instant brigade installed by the Defendant

The Defendant received KRW 119,350,000 as advance payment on August 4, 2014, and received KRW 95,720,000 as progress payment on March 3, 2015, and received KRW 215,070,000 from the Republic of Korea as the price for the goods under the instant purchase contract until March 3, 2015.

(A) evidence of heading 2, 11.e.

From August 2015 to November 2015, the Plaintiff Company was under trial operation of the instant filtering machine from August 2015 to November 2015. On November 13, 2015, the Plaintiff Company notified the Defendant that its fundamental measures should be taken against the Defendant on the ground that the Plaintiff Company caused the malfunction of performance, such as the occurrence of melting of the inner fiber fiber plate of the filtering machine, the injectating of the bridge, the injectating of the internal fiber plate, and the deterioration of water quality, etc.

(A) No. 12-1, 2, 3). (f) On February 19, 2016, the Defendant submitted a plan to take measures with respect to the Plaintiff’s request for supplementation, and on February 22, 2016, requested the Plaintiff’s Corporation to extend the delivery deadline on May 15, 2016, and the Plaintiff Company extended the delivery deadline as requested.

(A) As between April 19, 2016 and May 4, 2016, the Plaintiff Corporation again conducted a trial run for the instant leisure season. In the course of the trial run, the difference between the weight of the instant leisure season and the design flow.

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