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(영문) 인천지방법원 2018.10.02 2017나67509
지연배상금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On February 22, 2016, the Defendant entered into an agreement on the supply of goods and technical assistance (hereinafter “instant support agreement”) with the fire headquarters of Ulsan Metropolitan City regarding the biological agents, which include the following matters:

The purpose of this Convention is to ensure the smooth provision of goods supply and technical support to the ordering agency, the manufacturer, and the successful bidder of the supplier for the project under Article 1 (Purpose) of the Biological Agents.

The amount of the agreement on the scope of technical assistance provided for in Article 3 (Convention Amount) shall be KRW 28,080,000, in consideration of special ability, the portion of quality part, etc. with the authority awarding the contract, the amount of which shall be KRW 56,160,000, in total, in consideration of the amount of biological agents consultation between the authority awarding the contract and the supplier.

B. On March 29, 2016, the Plaintiff participated in the tender for the purchase of goods through the public announcement of the headquarters of the Ulsan Metropolitan City fire headquarters and awarded the bid. On April 20, 2016, the Plaintiff entered into a contract for the supply of goods that includes the following matters with the headquarters of the fire headquarters of Ulsan Metropolitan City (hereinafter “instant contract for the supply of fire headquarters of this case”).

The name of a contract: The name of the purchase of rescue equipment for counter-terrorism: The amount of 5 contract: 253,352,00 won for the counter-terrorism: The amount of 5 contract: the amount of 253,352,00 won for the counter-terrorism; the amount of compensation for delay: 0.15% for the delayed delivery: June 19, 2016;

Delivery Conditions: Delivery place: 124,200,000 won for 227,456,000 won for collecting samples (biological agents) on June 2, 2016, 2012,00 won for 124,200,000 radioactive shield analysis equipment (radiation type analysis equipment) on June 3, 2016, 200 for the unit price for the quantity of the unit price in the quantity of the name of the goods of the contract of the fire headquarters of Ulsan Metropolitan City, Ulsan Metropolitan City.

On May 18, 2016, the Plaintiff asked the Defendant whether the supply price and the supply price of the counterterrorism rescue equipment are possible, and the Defendant, on May 23, 2016, on the part of the Plaintiff, on May 23, 2016, on the 2 set of the biological agents analysis devices and 1 set of radiation type analysis devices.

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