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(영문) 서울남부지방법원 2016.02.04 2014가합112317
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant entered into the instant contract between the Plaintiff and the Defendant, etc.) On December 13, 2013, Geumcheon-gu Seoul, Geumcheon-gu, Geumcheon-gu (hereinafter “instant structure”). The Plaintiff and the Defendant are the facilities for the waterproofing of Ilwon-gu, Geumcheon-dong, Geumcheon-gu, Seoul.

() As to the production, purchase, and installation, the contract amount was KRW 4,109,00,00 for the contract period, from December 13, 2013 to May 31, 2014; the delivery period was May 31, 2014; the delivery period was determined as KRW 0.15% per day per annum; and the contract was concluded by a negotiated contract. After all, the Plaintiff and the Defendant concluded a modified contract with the content that the delivery period was extended to July 15, 2014 (hereinafter collectively referred to as “instant contract”).

2) The Plaintiff and the Defendant concluded the instant contract pursuant to the Act on Contracts to Which a Local Government Is a Party, and the main contents relating to the instant case among the general conditions of the goods contract contained in the instant contract are as follows.

Section B: Conclusion of a contract for goods

1. Contract documents;

(a) Contract documents shall consist of contracts, specifications, books of intent, the general conditions of the purchase contract, the special conditions of the purchase contract for the purchase of goods, the calculation sheets, etc.

However, the calculation statement shall have the effect of the contract document as the standard applicable to the adjustment of the contract amount due to the price fluctuation in quantity according to the provisions of Section 6 "1" and "2" and the payment of the term payment under Section 8 "3-D".

SECTION VII: Delay of Performance of Contracts and Cancellation and Termination of Contracts

1. Damages for delay;

(a) If the other party to a contract fails to supply goods within the delivery period specified in the contract, the other party to the contract shall pay in cash the amount calculated by multiplying the contract by the delay rate specified in the contract at each number of days by the contract amount;

(b)In the case of “A”, when a contracting officer accepts the relevant part after inspection of the existing part, the amount equivalent to that part shall be deducted from the contract amount.

Provided, That the acceptance of the already paid portion shall be made on the goods that can be divided in the nature thereof.

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