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(영문) 서울중앙지방법원 2018.09.12 2017가합556196
물품대금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A Co., Ltd. (D) changed its trade name on July 1, 2015.

(E) As the division was made in order to run the business portion, all rights and duties regarding the said business portion were succeeded to, and the registration of incorporation was completed on July 3, 2017 (hereinafter “Plaintiff A, regardless of whether before or after the division”).

2) Plaintiff B Co., Ltd. (FF, G, and B; hereinafter “Plaintiff B”) is a corporation with the objective of designing, manufacturing, remodeling, repairing, providing services, and supplying military supplies for military supplies, equipment, and parts. The Defense Acquisition Program Administration under the Defendant (hereinafter “Defendant”) is a state agency in charge of the affairs pertaining to the defense industry, such as the improvement of defense force, the procurement of military supplies, and the fostering of the defense industry.

B. On December 2, 2014, Plaintiff A and the Defendant: (a) the “H 10 pchisive production contract” with the content of the supply of H by massing H on December 2, 2014 (hereinafter “instant 1 contract”).

(1) On January 24, 2017, the Plaintiff: (a) supplied six items, such as grains, intermediate types, and self-stocks, to the Defendant on January 14, 2017; (b) on January 24, 2017; (c) on March 31, 2017; and (d) on March 31, 2017; and (d) on March 15, 2017, the Plaintiff supplied six items, such as “Mags, intermediary types, and self-stocks,” to the Defendant pursuant to the contract under Article 1 of the instant case; and (d) requested the Defendant to pay for the amount of six items, such as KRW 14,962,962,546,566,566,666,65,66, etc. of six items, including Mags, semi-stocks, and self-stocks.

3. On December 26, 2016, the Defendant did not calculate the fractional amount if there is any fraction of less than 10 won in accordance with Article 47(1) of the Management of the National Funds Act of KRW 345,931,660, the Defendant did not calculate the fractional amount.

The defendant's calculation method of the end is as above.

(2) The notice to pay KRW 108,315,380 by January 24, 2017 is given, and the same shall apply on January 26, 2017.

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