beta
Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 8,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from December 2, 2015 to May 19, 2017.
Reasons
1. Basic facts
A. In October 2014, the Ministry of Land, Infrastructure and Transport: (a) planned and recruited “a pilot project for building a system to prevent illegal receipt of fuel subsidies through the tracking of truck operation routes” to establish a system to prevent illegal receipt of fuel subsidies provided by the Government for trucks (hereinafter “instant system”); and (b) three card companies, such as the new card company, etc., as the contracting party for the said pilot project.
B. The said card companies entered into a contract with Liber Co., Ltd. (hereinafter “Scarland”) to develop and supply the instant system set forth in the said pilot project. On March 27, 2015, Liber entered into the instant system development project with the Plaintiff.
C. Around the same time, the Plaintiff agreed to re-subcontract the above business to the Defendant, and entered into a contract with the Defendant to develop and supply the instant system (hereinafter “instant contract”) on the following summarys:
(A) “A” means the Plaintiff, and “B” means the Defendant). Article 2 (Detailed Statement and Price of System Construction) (1) The description of goods subject to this Agreement is as shown in Appendix 1, 2, and 3 of the Agreement.
(2) The scope of development shall be added separately.
1. The same shall apply to the detailed statement of the development system;
(3) Scope of operation shall be separately added.
2. The same shall apply to operational manuals;
(4) The value of supply concerning the development, supply, installation and operation of the goods under this Agreement shall be 95,700,000 (including value added tax).
Article 3 (Term of Contract and Modification of Contract) (1) “B” shall be installed and completed at a place designated by “A” within three months from the date of the contract for the goods referred to in Article 2 in a state where normal operation is possible, and the expenses incurred in installation shall be borne by “B”.
(2)