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1. The Defendant’s KRW 17,035,816 as well as the Plaintiff’s KRW 6% per annum from June 18, 2013 to November 15, 2017, and the following.
Reasons
Basic Facts
On December 23, 2011, the Plaintiff entered into a contract with the Defendant for the construction cost, KRW 526,715,120 for the construction period, KRW 23 to November 22, 2012, setting the rate of liquidated damages from December 23, 201 to November 22, 2012, under which the Defendant entered into a contract for the construction of sewage treatment facilities in a military unit under the Plaintiff’s control, with the content of installation of sewage treatment facilities in a military unit under the Plaintiff’s control, and entered into a modified contract on November 22, 2012, changing the construction cost into KRW 591,521,410 for the construction cost, and the completion date into a revised contract on April 30, 2013.
(2) In addition, the Plaintiff concluded a new technology (patent) agreement on November 11, 201 with respect to the treatment facilities of this case (hereinafter “the instant construction contract”). The Plaintiff stated that the “new technology (patent) method” (hereinafter “instant patent”) based on the “Patent Convention” (hereinafter “Patent Convention”) should be used for the treatment facilities of this case. At the time of the public announcement of the tender, the Plaintiff must enter into a multiple-way construction agreement with the construction project and perform construction works based on the instant patent.
At the time of concluding the instant construction contract, the Defendant concluded a contract for supplying materials for construction works, which are supplied with multi-party construction and finished products based on the instant patent in KRW 187,00,000, and received sewage treatment facilities produced by multi-party construction, and installed them at the construction site of this case, and performed other construction works according to the instant construction contract.
(hereinafter) The treatment facilities of sewage installed by the Defendant (hereinafter “instant facilities”). The instant facilities undergo the quality inspection of discharged water of private sewage treatment facilities by the head of Seocho-gu Seoul Metropolitan Government, the competent authority, pursuant to the Sewerage Act. The Defendant passed the first water quality inspection on April 14, 2013 and the second water quality inspection on May 6, 2013, and passed the inspection on June 3, 2013, and completed the completion inspection on June 17, 2013.
[Ground of recognition] There is no dispute, Gap evidence 1 to 8, Gap.