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(영문) 서울중앙지방법원 2017.05.25 2016가합560105
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 258,940,00 and the interest rate of KRW 15% per annum from May 26, 2017 to the date of full payment.

Reasons

. Facts of recognition.

A. The status of the parties is a company with the purpose of telecommunications business, etc., and the defendant is a company with the purpose of software program development business.

B. On November 18, 2014, the Plaintiff entered into the instant contract with the Defendant to supply the goods indicated in the separate sheet (hereinafter “instant goods”) (hereinafter “instant contract”). The main contents are as follows.

1. 1.5/1,000 of the contract amount on the 10% of the contract amount for delay, such as cash or letter of guarantee equivalent to 10% of the contract amount of the defective security deposit, including the value added tax, at KRW 235,400,000 of the contract amount for the goods constructed in the customer information processing system of the NHF Bio-resources: Provided, That the total amount of the liquidated damages for delay shall not exceed 10% of the contract amount; the place designated by the ordering company (the defendant) on November 25, 2014; * Article 7 (Supply of Goods) of the General Conditions for the Purchase of Goods (including the documents, etc. necessary for inspection) on the date of delivery as stipulated in the contract;

Article 16 (Payment of Price) (1) When the other party to the contract has passed an inspection under Article 17 after the completion of services, he/she shall request the payment of the price for the full of the contract amount according to the prescribed procedures, and the contracting officer shall pay the full contract amount to the other party to the contract within 90 days

Article 18 (Compensation for Delay) (1) Where goods stipulated in this contract are not supplied within the delivery deadline, the other party to the contract who is attributable to the delay of the delivery shall pay in cash the amount calculated by multiplying the contract price by the rate of compensation for delay as stipulated in the contract every day without delay.

C. On November 26, 2014, the Plaintiff supplied the instant goods to the Defendant, including the supply of the instant goods, issued a written confirmation of inspection from the Defendant.

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