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1. The Defendant’s KRW 320,454,387 as well as the Plaintiff’s annual rate of 6% from November 21, 2015 to September 29, 2017.
Reasons
1. Judgment on the ground of the Plaintiff’s claim
가. 인정사실 1) 피고는 주식회사 네비웍스와 공동으로 발주자인 해군으로부터 ‘14~16 KNCCS 유지보수용역’을 약 30억 원에 도급받은 다음, 2015. 4. 9. 원고와 사이에 그 중 해군본부, 해군2함대사령부, 해군정보체계관리단에 유지보수시스템(이하 ‘이 사건 장비’라고 한다
(1) The contract providing a service that supplies and installs a cost of KRW 1.20 million (hereinafter referred to as the “instant service contract”)
(2) On June 10, 2015, the Plaintiff: (a) supplied each of the instant equipment to the Navy and the Navy Information System; and (b) received a certificate of acceptance from the Defendant on June 19, 2015; (c) issued the Navy Headquarters on June 12, 2015; (d) the Navy Information System on June 18, 2015; and (e) issued a certificate of completion of installation from the Navy on June 20, 2015.
3) On July 25, 2015, the Defendant completed the inspection of the instant equipment on July 25, 2015, and on November 9, 2015, the confirmation date was indicated as July 25, 2015 as the date of completion of the inspection on the certificate, when the Plaintiff was prepared and delivered to the Plaintiff. On November 10, 2015, the Plaintiff issued a warranty insurance policy from the Seoul Guarantee Insurance Co., Ltd. with the said certificate of defects, and submitted it to the Defendant on July 25, 2015. (4) The due date for the payment of the service price agreed under the instant service contract (hereinafter “instant service price”), the intermediate payment of which is 50%, is within five days after the completion of the supply and receipt of the instant equipment, and the remainder of which is 50%, is within ten days after the completion of the inspection of the installation, and the completion of the defect guarantee procedure.
5) The Defendant paid to the Plaintiff KRW 330 million on July 30, 2015, KRW 2775 million on October 13, 2015, and KRW 286 million on November 20, 2015, respectively, with the consent of the Defendant, with the payment of the instant service charges. 6) The Plaintiff replaced and supplied part of the goods with the consent of the Defendant, and accordingly, 5,584.