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1. The Defendant’s KRW 55,114,620 as well as the Plaintiff’s annual rate from March 28, 2014 to November 25, 2016.
Reasons
1. Basic facts
A. After being awarded a three-dimensional design and production contract for the TRAY MAME from ELD Co., Ltd., Ltd., the company subcontracted to the Defendant the production of 2 together with the two togethers, including the “IR” (3.6m) and “heat (3.8m)” (hereinafter referred to as the “instant product”).
On February 27, 2013, the Defendant re-subcontracted to A (hereinafter referred to as “A”) the design and manufacture of the instant product, the installation of the supply price of the instant product, and the payment period of KRW 434,50,000, and May 10, 2013. A again requested the Plaintiff to manufacture the instant product.
B. On April 3, 2013, the Defendant and A changed the contents of the previous sub-subcontract to the effect that the payment for delay equivalent to 1.5/1000 of the contract amount for each number of delayed days by applying the payment period rate of May 15, 2013 and the rate of compensation for delay as 1.5/1000 of the contract amount (hereinafter “instant re-subcontract”), and the main contents thereof are as follows.
The contractual name TRAY MASK FRM design and manufacture and assembly of equipment, SET-UP (First KPC, Second KCEH, Third LGDP), on-site operations, and all the design and all the data after completion of the Smark-certified document response shall be returned to the Defendant in a file.
Terms of contract amount of KRW 342,650,000 (value of KRW 311,50,000,000, value of supply); and
1. Advance payment: KRW 93,450,00 (payment shall be made according to the terms and conditions of payment of the defendant after the conclusion of this contract) provided that advance payment policy and performance guarantee insurance policy equivalent to 10% of the total amount of advance payment shall be submitted to the defendant at the time of filing a claim for advance payment.
2. Part payments: 186,900,000 won [the payment shall be made according to the terms and conditions of payment of the defendant under the basic contract in the case of delivery of contract products];