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(영문) 수원지방법원 2017.05.18 2016가단526649
지체상금및손해배상(기)청구의 소
Text

1. From November 8, 2015 to August 1, 2016, Defendant C paid to the Plaintiff KRW 62,780,270, and the following.

Reasons

1. Determination as to the claim against Defendant C

(a) Grounds for claims: as shown in the annexed sheet of grounds for claims;

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant B

A. On September 9, 2015, the Plaintiff entered into a contract for the supply of goods with the amount of KRW 50,695,000, and the delivery period of KRW 0.150/150 on Nov. 8, 2015, the Plaintiff entered into a contract for the supply of goods to be supplied to the D University with the rate of KRW 0.150/day. 2) On September 10, 2015, the Plaintiff entered into a contract for the supply of goods with the amount of KRW 37.4 million (including value-added tax) from the Defendant C for the period of KRW 37.4 million (including value-added tax) and the delivery period of KRW 37.4 million (including value-added tax) for the period of October 20, 2015, and the Plaintiff paid all the amount of KRW 37.4 million on September 10, 2015, which

3) Defendant B Co., Ltd. (hereinafter “Defendant Company”).

On November 5, 2015, the notice of delay in the payment period was sent to the Plaintiff as follows.

A repayment fee shall be delayed in the case of B in accordance with the delayed payment period.

1. The final decision of delay in payment period of the Public Procurement Service shall be made;

2. The whole penalty for delay resulting from the delay in the payment period shall be borne by the waste death.

4) On May 24, 2016, the Plaintiff supplied 3D printers to the Jeonnam University. The Plaintiff was paid only the remainder after deducting 12,008,160 won for liquidated damages from the initial contract amount from the Gwangju Regional Government Procurement Office. [In the absence of any dispute over the grounds for recognition, the respective entries in the evidence Nos. 2, 3, 4, 5-2, and 8, and the purport of the entire pleadings.

B. The Plaintiff’s assertion and its determination 1 Plaintiff did not supply 3D printers, which the Defendant Company failed to comply with the delivery deadline, and thus, the Plaintiff was entitled to deduct 12,008,160 won for liquidated damages. In addition, the amount is borne by the Defendant Company as in the official text of the Defendant Company, and in addition, the amount is 48,757,700 won for business losses due to restriction on qualification examination due to delay in delivery, and losses arising from business funds usage due to delay.

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