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(영문) 서울중앙지방법원 2019.05.17 2018가합507771
물품대금
Text

1. The Defendant’s KRW 485,232,150 for the Plaintiff and KRW 6% per annum from December 20, 2016 to May 17, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in shipbuilding business, etc., and the Defense Acquisition Program Administration under the Defendant’s control is an administrative agency belonging to the Ministry of National Defense to procure weapons systems and is in charge of all procedures, such as bidding, contract, business management, etc. to promote relevant projects.

B. On June 29, 2015, the Plaintiff entered into a purchase contract between the Plaintiff and the Defense Acquisition Program Administration. On June 29, 2015, the Plaintiff is between the Defendant (Administrator of the Defense Acquisition Program Administration) and three B (hereinafter “each of the instant cases”).

A) The contract price of the B is KRW 2,317,250,001; the contract bond is KRW 231,725,000 (payment method: A-guarantee insurance); the rate of liquidated damages for delay is KRW 0.15% per day; and the delivery date entered into a purchase contract with the content of manufacturing and supplying each of the goods determined as “ October 10, 2015” (hereinafter “instant contract”).

2) The term “inspection” is defined as follows: (a) the special terms and conditions of the purchase contract attached to the instant contract; (b) the general terms and conditions (hereinafter “the instant special terms and conditions”); and (c) the definition of the terms and conditions used under Article 2 (Definition) of the General Conditions (hereinafter “the instant special terms and conditions”); and (d) the term “inspection” includes quality assurance as to whether the subject matter of the contract conforms to the relevant laws and regulations and is manufactured or installed in accordance with the relevant standards (or samples of national defense standards, purchase request (or specifications) and samples).

1. The Defense Acquisition Program Administration Regulations concerning technical data and drawings;

2. A statement of applicable standards, such as a national defense standard;

3. A written statement of purchase of goods (manufacture) and a bidding price;

4. The general terms and conditions of the purchase of goods (manufacture), the general terms and conditions of the contract (the original and duplicate, and the total three copies shall not be omitted) (2), except as otherwise provided for in these terms and conditions, the purchase of goods under the terms and conditions of the contract and the general conditions of the contract.

(3) Except as otherwise provided for in other Acts and subordinate statutes cited in this condition, those Acts and subordinate statutes at the time of contract.

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