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(영문) 부산지방법원 2015.01.13 2013가단225662
물품대금
Text

1. The Defendant’s KRW 45,755,00 for the Plaintiff and 5% per annum from May 10, 2013 to January 13, 2015.

Reasons

1. Basic facts

A. On November 2012, the Plaintiff received a request from the Defendant for the manufacture of bed and antenna support parts (hereinafter “instant parts”) from the Defendant to the Ministry of National Defense, and issued a written estimate for the instant parts to the Defendant.

B. After reviewing the estimate issued by the Plaintiff, the Defendant requested the Plaintiff to supply the instant parts, and the Plaintiff entered into a contract with the Defendant for the manufacture and supply of the instant parts (hereinafter “instant contract”) on November 9, 2012. The main contents are as follows.

Article 1 (Details of Goods) The plaintiff shall manufacture the following goods in accordance with military specifications and specifications provided by the defendant and deliver them to the places designated by the defendant:

1. The name of a product: Sacker and antenna support unit;

2. Size and quantity: (i) The unit price for Q50121612.2): 350,000 won: The quantity shall be 90EA Article 2 (Delivery of Goods).

1. Place of delivery: The place designated by the defendant;

2. Date of delivery: Within December 7, 2012;

Provided, That the prototype shall be manufactured and supplied with 2 sets so that it may be inspected on November 26.

Article 4 (Method of Making Contract Price and Paying Price)

1. Contract amount: 30,000 won, surcharges, and surcharges;

2. Payment of the price: The payment shall be made not later than December 31, 190 in total;

Article 6 (Compensation for Delay) When the Plaintiff did not deliver contractual goods by the due date designated by the Defendant, the Defendant shall collect an amount equivalent to 25/100 of the contract amount per day of delay as liquidated damages, and such liquidated damages shall be deducted from the price of supplied goods by the Plaintiff.

Provided, That where the cause of delay is a natural disaster or force majeure recognized by the defendant, the compensation for delay equivalent to such period may be exempted.

C. On December 1, 2012, the Plaintiff made the instant parts and contacted the Defendant that the preparation for supply was completed, and the Defendant requested “B to manufacture the antenna support unit” and delayed the production. Accordingly, when the antenna monitoring was subsequently made, the Plaintiff remains lower.

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