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1. The Defendant’s KRW 51,193,615 as well as the Plaintiff’s annual rate of 5% from September 27, 2014 to April 24, 2015.
Reasons
1. Basic facts
A. On December 19, 2013, the Plaintiff entered into a commodity contract with the said Public Procurement Service (hereinafter “instant contract”) with respect to the “production and Establishment of the Complex Panel of Aluminium Expinium Expinium Expinium Expinium Expinium” (hereinafter “instant contract”), which is ordered by the Daegu Public Procurement Service, and the main contents are as follows.
Quantity and unit: 10,40 square meters contract amount: 99,00,000 won supply period: on July 30, 2014: An on-site installation and on-site installation: An on-site installation and on-site installation: An on-site inspection institution and an on-site inspection institution: An end-user institution;
B. Until July 30, 2014, the delivery deadline, the Plaintiff completed the supply of Aluminium compound panel to the Defendant’s construction site prior to the educational training institute. The Plaintiff included materials of Aluminium compound outer wall panel equivalent to 13,946.03 square meters exceeding 3,506.03 square meters, which are the quantity stipulated in the instant contract.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The manufacture and installation of a Aluminium compound panel as stipulated in the contract of this case is a construction in which the construction outer wall is finished, and due to its nature, all parts that have not been finished in the previous process should be finished. At the Defendant’s request, part of the educational training center’s wall was reconstructed, and part of the educational training center’s wall was reconstructed, and the construction was modified and constructed, and the part omitted in the construction drawing and supplied an Aluminium compound panel in excess of the contract volume of this case. As such, the Plaintiff supplied an Aluminium compound panel in excess of the contract volume of this case by conducting additional construction other than the construction stipulated in the contract of this case. As such, the additional quantity was 35,48,504 won (3,506.03 square meters x 95,689 won per 1 square meter)
B. The Defendant’s instant contract is not sufficient to complete the performance of “on-site installation plan” simply with the introduction of the goods into the site, and furthermore, to install the goods brought into the site in compliance with the actual design plan, etc.