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1. The Defendant shall pay to the Plaintiff KRW 203,50,000 and the interest rate of KRW 12% per annum from September 18, 2019 to the date of full payment.
Reasons
1. Basic facts
A. On August 31, 2018, the Defendant decided to supply Category C and three other items to the Defense Acquisition Program Administration, and entered into a contract with the Defense Acquisition Program Administration for the purchase of goods on December 10, 2018, the contract price of KRW 1,316,250,000, and the date of delivery (hereinafter “instant purchase contract”).
B. The Defendant agreed to pay to the Plaintiff a share of KRW 185,00,00 (excluding value-added tax) equivalent to KRW 185,00 among the shares of KRW 185,00 (excluding value-added tax) where the goods subject to the said purchase contract are supplied to the Defense Acquisition Program Administration and received KRW 320,686,364 (excluding value-added tax), among the goods subject to the said purchase contract (hereinafter “instant agreement”).
C. The Defendant was paid KRW 320,686,364 as the price for the goods against C2,000 supply by the Defense Acquisition Program Administration.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 6 and 7, and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, since the defendant supplied C2,00 punishment to the Defense Acquisition Program Administration and received 320,686,364 won as the price of supplied goods, it is obligated to pay the plaintiff the amount agreed upon (=185,000,000 won x 1.1) and damages for delay.
3. Judgment on the defendant's simultaneous performance defense
A. The gist of the defense is that the purchase contract of the instant goods under the name of the Defendant, but in fact, the Defendant and the Plaintiff agreed to jointly supply the goods.
The plaintiff and the defendant have completed the manufacture and supply of 2,00 new products in the Agency for Defense Technology and Quality Assurance with regard to the 2,000 of supplied C, but the 2,000 of the 2,000 of the 32,000 of the 2,000 of the 2,000 of the supplied goods shall not be reusable. Therefore, in order for the defendant to receive the above contract amount from the plaintiff, the 32,00 of the 32,000 of the 32
Therefore, the defendant.