(영문) 서울중앙지방법원 2019.04.11 2018가단5268678

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.04.11 2018가단5268678

계약보증금반환

Text

1. As to KRW 177,768,242 and KRW 177,605,239 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 0.0 from June 5, 2017 to June 19, 2018.

Reasons

(c) If it is found that the size and quality of the supplied goods are different from those of the terms and conditions of the contract, a quality guarantee institution determined by the public official in charge of contracts may notify the other party to the contract of such fact and request the repair and replacement of the goods within the specified period pursuant to paragraph (3);

If necessary, a contracting officer may request the return of the price of goods in lieu of the repair or substitute delivery.

In such cases, all expenses incurred shall be borne by the other party to the contract.

(3) The term "reasonable period" in paragraph (2) means 15 days from the date on which a quality guarantee agency determined by the public official in charge of contracts notifies the other party to the contract pursuant to paragraph (2), and when recovering a defect in excess of the specified period, the public official in charge of contracts shall pay damages for delay

Provided, That the compensation for delay above shall not exceed 30/100 of the contract amount of the goods where the defect occurred.

* Compensation for delay = (unit price of defects) 】 (Number of days until the date of completion of repair) 】 (4) Where a warranty for delay has not been made despite a request for the repair of defects or the replacement of defects by a public official in charge of contracts, the public official in charge of contracts may request the other party to the contract to pay an amount equivalent to 30/100 of the contract amount of the goods that have occurred in question if he/she has to continuously use the goods

(5) If it is impossible to achieve the purpose of the contract due to the defect repair or substitute delivery through the counter-party to the contract, or the defect repair or substitute delivery is not made, the contracting officer may cancel the contract for the whole or part of the contract, along with a claim for damages under paragraph (4) above, and reinstate it.

(7) Where repair or substitute supply has been made pursuant to paragraph (2), the other party to the contract shall provide such repair or substitute supply.

유사 판례

-창원지방법원 2020.12.10 2019가합56084

-서울고등법원 2015.02.12 2013나2024472

-서울중앙지방법원 2013.10.17 2012가합49365

-서울중앙지방법원 2019.02.13 2017가단5161022

-서울중앙지방법원 2017.06.16 2016가단5227123