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1. The Defendant’s KRW 53,076,00 as well as the Plaintiff’s annual rate from September 22, 2017 to April 27, 2018.
Reasons
1. Basic facts
A. On January 2014, the Plaintiff requested the Republic of Korea (the Government Procurement Service) to purchase fiberss related to “B”, and accordingly, the Republic of Korea (the Government Procurement Service) entered into a contract with the Defendant to purchase KRW 239,000,000 on the condition that the Defendant installs in the site of B construction, on May 2, 2014.
(hereinafter “instant purchase contract”) (Evidence A No. 1-b. 1)
The delivery period of the instant purchase contract was June 30, 2014, but thereafter, the subsequent agreement was delayed on June 30, 2015, and December 31, 2015.
(A) No. 1-1-c.
On January 19, 2015, the Defendant installed and supplied the brigade at the construction site.
(hereinafter referred to as the “instant brigade”). D. The instant brigade installed by the Defendant
By March 3, 2015, the Defendant received KRW 191,200,000 from the Republic of Korea (the Government Procurement Service) as the price for the goods under the instant purchase contract.
(A) No. 4, e.
From August 2015 to November 2015, the Plaintiff was under trial operation with respect to the instant leisure season. On November 13, 2015, the Plaintiff notified the Defendant that the Defendant would take fundamental measures regarding the instant leisure season on the ground that there was a defect in performance, such as the occurrence of melting of the inside fiber plates of the boomer, melting of the bridge inside the boomer, melting of the V, and water quality quality.
(A) No. 5-1, 2, 3). (f) On February 19, 2016, the Defendant submitted a plan to take measures on the Plaintiff’s request for supplementation. On February 22, 2016, the Defendant requested the Plaintiff to extend the delivery period to May 15, 2016, and the Plaintiff extended the delivery period as requested.
(A) From April 19, 2016 to May 4, 2016, the Plaintiff had a trial run for the instant leisure season again. During the trial run, there is a difference between the filtering of the instant leisure season and the design flow, and the thickness of the trial is 3m, not more than 5m, the thickness of which was originally designed, and there is a phenomenon that the Plaintiff was put in the trial of the relevant leisure season.