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1. Defendant C’s KRW 46,995,245 as well as 5% per annum from April 5, 2014 to June 15, 2020.
Reasons
1. Basic facts
가. 원고는 2012. 10. 26. 방위사업청장과 사이에, 원고가 방위사업청장에게 D 등을 2012. 12. 14.까지 납품하기로 하는 계약(계약번호: E, 이하 ‘이 사건 제1계약’)을 맺었다.
Article 2 (Payment Period) (Defendant Company) The payment date for the above goods shall be December 5, 2012.
Article 3 (Quality Standards and Inspections) (3) B shall actively cooperate in the name of publication (D), quality inspection of contract numbers (E), and other matters to be supplied by the Plaintiff (Plaintiff).
Article 7(1)(A) If the due date specified in the notice of appointment as a clerical error in Article 1 or 2 is not met, the amount of delay compensation equivalent to 2/1000 per day shall be paid to A.
(2) The scope of the delayed compensation is as follows:
(1) The amount of delayed compensation shall not exceed 20/100 of the price of goods.
(2) The number of days calculated on the date of delay shall apply to the exceeding five days.
B. On November 21, 2012, the Plaintiff entered into a contract on the supply of goods (hereinafter “instant contract”) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) to pay KRW 30,000,000 (in addition to value-added tax. 50% of the down payment, 50% of the remainder delivery, and 50% of the payment terms at the time of delivery of goods).
The relevant provisions of the second contract of this case are as follows.
Article 2 (Payment Period) (Defendant Company) The payment date for the above goods shall be December 5, 2012.
Article 3 (Quality Standards and Inspections) (3) B shall actively cooperate in the name of publication (D), quality inspection of contract numbers (E), and other matters to be supplied by the Plaintiff (Plaintiff).
Section 7(1)(A) If the payment period specified in Article 1 is not complied with, the amount of delay compensation equivalent to 30/1000 per day shall be paid to A.
(2) The scope of the delayed compensation is as follows:
(1) The amount of delayed compensation shall not exceed 20/100 of the price of goods.
(2) The number of days of delay in payment shall be five.