손해배상(기)
1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 1,242,211,740 as well as its annual interest from October 9, 2012 to July 24, 2014.
1. Basic facts
A. The Plaintiff is a corporation established pursuant to the Korean Veterans Association Act for the purpose of promoting friendship among veterans through mutual aid and enhancing the rights and interests of its members, and operated a profit-making business and incidental business in order to achieve the above purpose. Around July 2009, the Plaintiff promoted the U-CARE business and entered into an agreement with C (hereinafter “C”) on December 3, 2010 as a part of the agreement with the Cooperative Company (hereinafter “C”).
On March 29, 2011, the Plaintiff entered into a contract for the supply of goods and services (hereinafter “instant supply contract”) with respect to “i-PLUG” manufactured and sold by C, with respect to the supply of parts and other auxiliary services.
B. According to the instant supply contract, the Plaintiff shall supply the said i-PLUG with a 11 billion won (including value-added tax) and outer parts for one year from April 1, 2011 to March 31, 2012, and provide sales agency and marketing services equivalent to 5 billion won (including value-added tax) for the same period of service (Article 2(2)); and C shall provide the Plaintiff with an advance payment of KRW 16 billion until April 5, 201, with a price for goods and services within one month after the completion of the supply of goods and services (Article 3(1)); and the Plaintiff shall return the advance payment received as above to C within one month after the expiration of the supply period (Article 3(2)); and the Plaintiff shall receive the balance from C within the period of supply (Article 3(2)); and the Plaintiff shall return the advance payment to C without any condition for advance payment (Article 3(3)).
C. On April 8, 2011, C issued bonds with warrants equivalent to the total value of 16 billion won in order to procure the said advance payment and had them take over the bonds with warrants, which is 16 billion won (hereinafter “credits”) and then the Plaintiff against the Plaintiff in order to secure the principal and interest of the advance payment.