1. The Defendant’s KRW 47,492,137 and KRW 21,875,895 among the Plaintiff and KRW 25,616,242 from January 28, 2016.
1. Basic facts
A. The Plaintiff is a corporation that carries on container manufacturing business, ethylis manufacturing and installation business, and the Defendant is a corporation that carries on container manufacturing, installation and sales business (the change from C Co., Ltd to its trade name as of October 27, 2014).
B. From May 22, 2014 to December 18, 2015, the Plaintiff and the Defendant entered into a contract to receive a successful bid in the national electronic procurement for the manufacture and supply of containers, and a contract to collectively subcontract to the Plaintiff upon obtaining a successful bid in the bidding of the national electronic procurement for the manufacture and supply of containers, and a contract to collectively subcontract to the Plaintiff. The Defendant received a package subcontract from the third successful bidder, and then concluded a total of 27 contracts, such as a package subcontract,
(hereinafter “instant contract”). (c)
The sum of the price for the instant contract is KRW 1,005,343,369, and the Defendant remitted to the Plaintiff the sum total of KRW 804,582,474 from May 23, 2014 to January 27, 2016, as indicated in the attached table of remittance.
Meanwhile, the Defendant had against the Plaintiff the claim for the construction price of the toilet which was 178,885,000 won due and due January 27, 2016.
E. On September 9, 2015, the Plaintiff’s representative director D remitted the Plaintiff’s total sum of KRW 4 million to F’s account as the father and the actual operator of the Defendant’s representative E.
F. On August 2015, the 1st Army Headquarters of the Army had the right to use the patented technology of Nonparty H Co., Ltd. (hereinafter “H”) for the G business.
On September 25, 2015 and October 2015, the Defendant, among the above businesses, ordered the installation of two toilets for the IS and two JS toilets, and the Plaintiff, around September 25, 2015, ordered the installation of nine toilets for the KSS.
In addition, F and H, representing the original defendant, agreed to pay the patent fee of KRW 3.3 million per month to the original defendant while using the above patent technology.
However, H brought a lawsuit against the Defendant seeking the payment of the remainder of the patent fee for the total amount of 23 toilets because H did not receive all patent royalties.