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(영문) 서울남부지방법원 2016.01.15 2014가단64244
손해배상(기)
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1. The Defendant shall pay to the Plaintiff KRW 70,731,794 and the interest rate of KRW 15% per annum from June 18, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant of the contractual supplier between the Plaintiff and the Defendant is “A” and the Plaintiff is “B”.

In carrying out the projects of twosan Construction EIFS construction and Pyeongtaek Military Base EIFS construction, Gap and Eul shall cooperate in the following matters:

Article 1 (Contract Terms) Attachment, March 12, 2014, of Article 2 (Contract Amount and Approval Conditions) of the 2nd EIFS Construction Work in 2.2nd, 2014, attached to the United States CMS COE COOLS US AINC ($ 150,000). Inssssss and bank information on April 30, 2014, USD 50,000 (Defendant) -

4. 30. 30. Issuance of an invoice (excluding additional dues) at the base exchange rate; attached to a business registration certificate 400437-01-01474, a national bank in charge of the settlement of accounts, IMS, and Article 3 (Terms of Contracts);

1. A shall provide B with the necessary documents of 4025.

2. A shall assist B in carrying out 203 and JK75 documents at the time of customs clearance.

(Provided, That all duties shall be conducted by “A” on the spot and in charge, and “B” shall play a role in assisting the duties)

3. A shall issue technical guidance and qualification certificates to the Plaintiff and the Plaintiff’s supervisor at the time of EIFS construction.

4. In principle, in performing the ES construction of Pyeongtaek-gun Base, Party A shall supply the materials to the Plaintiff by monopoly to all ES construction other than the Defendant’s own business.

(Provided, on January 17, 2014, the Plaintiff entered into a contract with the Defendant on March 10, 2014 (hereinafter “instant contract”) for EIFS construction among the military support facilities construction works ordered by the military finance management body by the two companies, and entered into a contract with the Defendant (hereinafter “instant contract”) as follows.

B. In accordance with Article 2 of the instant contract, the product name, quantity, unit price, and amount, etc. are specified in the commercial invoice (COMERCAL INVOE) attached to the instant contract pursuant to Article 2 of the instant contract.

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