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1. The Defendant’s KRW 104,220,679 for the Plaintiff and KRW 6% per annum from January 1, 2012 to September 30, 2015.
Reasons
1. Basic facts
A. The Plaintiff is a company running the iron business, the facility maintenance business, etc., and the Defendant is a company running the business of manufacturing, selling and constructing bridges and road goods.
B. On March 26, 2009, the Plaintiff entered into a business commission agreement with the Defendant on the terms that, in relation to the provision of government-funded materials for the construction works of tide embankments, railing, and pents construction works among the Saemangeum General Development Project, if the Defendant entered into a government-funded materials supply contract through the Plaintiff’s business activities, the Defendant shall be paid 30% of the contract amount as business fees in the case of Alumin vehicle protection fence and Alumin aluminium rail. However, the Defendant shall receive advance payment after the contract for the supply of government-funded materials, or after the completion of financial loans in accordance with the contract, paid 15% of the contract amount as one-lane, and the remainder shall be paid in proportion to the Defendant’s base value.
(hereinafter “instant fee contract”). C.
The defendant entered into a contract with the Public Procurement Service (Demand Agency: Saemangeum Project Foundation of the Korea Rural Community Corporation) through the plaintiff's business activities to supply vehicle protection fences at each construction site as specified below, and received all prices for supply on each deposit day.
The amount of KRW 111,249,60,00 on July 13, 2010 on the date of deposit of the contract price at the construction site, which is KRW 82,252,00,00 on the sidewalk as a tourism route of the Saemangeum 1 Bank and the Saemangeum 1 Bank, and KRW 121,30,650,000 on December 31, 2010; the sum of KRW 1,114,81,250,00 on the sidewalk as a tourism route of the Saemangeum 1 Bank and the Saemangeum 1 Bank; and
D. Meanwhile, from around 2008 to December 31, 201, the Plaintiff was obligated to pay for the goods of KRW 250,222,696 by being supplied with a rail and protective note, etc. from the Defendant. However, on May 31, 2012, the Plaintiff’s obligation to pay for the goods to the Defendant amounting to KRW 20,00,000 to the Defendant by paying for the goods amounting to KRW 230,22,696.
[Ground of recognition] The statements and arguments in Gap evidence Nos. 1, 3, and 5 are written.