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(영문) 서울중앙지방법원 2014.07.17 2013가합534662
채무부존재확인등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a specialized production company that manufactures special clothes, carbon-proof products, decorations products, etc. and supplies them to the Gun or government agencies, and obtained a certificate of excellent goods issued by the Public Procurement Service in 2000 and 2001, respectively. 2) The Defense Acquisition Program Administration under the Defendant is a government agency responsible for defense acquisition programs, such as the promotion of the defense industry and the procurement of munitions.

B. On June 12, 2012, the Plaintiff and the Defendant entered into a purchase contract with the Plaintiff and the Defendant (the actual supply price is KRW 6.82,918,200,00 as indicated in the following table of calculation of compensation for delay) regarding the contract amount of KRW 7.13,280,000 (the actual supply price is KRW 6.82,918,200,00 as indicated in the following table of calculation of compensation for delay).

(2) 230,820 won per unit price and 247,495 won per unit price (230,000 won per unit price per unit price per unit price) (230,000 won per unit price per unit price per unit price per unit price per unit price per unit price per unit of

A) The purchase contract for goods (hereinafter “instant contract”) with the content of “0064641 and 2” as the daily rate of 0.15% per day, and the place of delivery “50064641 and 2”

(2) The instant contract is accompanied by the general conditions for the purchase of goods and the special conditions for the purchase of goods, among which matters relating to the issues of the instant case are as follows.

(1) When a contracting party fails to deliver goods within the delivery period specified in the contract, he/she shall pay in cash the amount calculated by multiplying the contract price (in cases of a long-term continuing contract, the annual contract price) by the rate of delayed penalty determined in the contract

Article 24(1) of the General Conditions. (2) If a contracting officer deems that delivery has been delayed as it falls under any of the following subparagraphs, he/she shall not include the relevant number of days in the number of days referred to in paragraph (1):

(General Conditions Article 24(3) i) Other cases where delay is due to reasons not attributable to the other party to the contract (Article 24(3) of the General Conditions) (Article 4). The contracting officer shall pay compensation for delay calculated under paragraphs 1 through 4 to the other party to the contract;

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