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(영문) 서울중앙지방법원 2014.02.13 2013가합510017
물품대금
Text

1. The Plaintiff:

A. Defendant Republic of Korea shall pay KRW 7,361,69,674 and its therefrom from December 31, 2012 to February 13, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company that carries out aviation-related projects, such as design, manufacture, sale, and remodeling of aircraft, space lines, satellite, industrial posters, and their components. The Defense Acquisition Program Administration of the Defendant Republic of Korea is a government agency that takes charge of the affairs regarding defense acquisition programs, such as improvement of defense force, procurement of munitions, and promotion of the defense industry. The Defendant Defense Development Agency is an ordering agency for the instant B development project. The Defendant Defense Development Agency is a special corporation that takes charge of technical research, research, and testing on weapons, equipment, and materials, and is an ordering agency for the instant development project.

B. 1) The Plaintiff and the Defendant Republic of Korea entered into and implement a contract for the development project on June 7, 2006 (hereinafter “instant development project”).

(i) a contract in the form of a general contract under which, within six months after the last delivery, the final contract amount shall be determined (hereinafter referred to as “first contract”) on June 30, 2012 with respect to additional note 587,265,00,000, and the date of delivery and the cost settlement data within two months after the last delivery are submitted to the Defendant Korea.

(2) On August 24, 2006, the Plaintiff and the Defendant Agency for Defense Development entered into a contract in the form of a general contract under which the final contract amount shall be determined within 45 days after the last delivery (hereinafter “second contract”) with respect to a development project C (hereinafter “instant development project”) on the basis of the contract amount of KRW 51,515,617,00, and June 20, 2012, and the cost settlement data within 45 days after the last delivery were submitted to the Defendant Agency for Defense Development (hereinafter “instant development project”). The Plaintiff completed the implementation of the respective contracts under subparagraphs 1 and 2 on the date of delivery.

C. Each of the instant contracts is to determine the contract amount after the execution of the contract, as there is no cost data capable of determining the contract amount when the contract is concluded due to the characteristics of an indefinite development project.

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