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1. Defendant B Co., Ltd.: KRW 85,702,698 on the Plaintiff and 6% per annum from June 13, 2015 to November 23, 2017.
Reasons
1. Basic facts
A. On February 19, 2014, this well-being Co., Ltd. (hereinafter referred to as “this well-being”) contracted the construction work of F in Seocho-si with the Korea-U.S. S.C. (hereinafter referred to as “Korea-U.S.C.”), and on April 29, 2014, Korea-U.S. subcontracted the construction work of the electric field design and the construction work of the facilities to the E-U.S. Co., Ltd. (hereinafter referred to as “SB”) with the contract amount of KRW 12,107,70,000 (including value-added tax) during the said construction work. On April 30, 2014, E-U had re-subcontracted the construction work of fuel-making facilities to the Plaintiff as the contract amount of KRW 635,80,00 (including value-added tax, but 836,90,000).
B. On October 24, 2014, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on the manufacturing and installation works of fuel storage facilities (hereinafter “instant facilities”) among the re-subcontracted fuel-making facilities construction works (hereinafter “instant construction works”) with regard to the production and installation works of fuel storage facilities (hereinafter “instant facilities”), with a contract amount of KRW 270,000,000 (excluding value-added tax) and January 10, 2015 for the delivery period (hereinafter “instant contract”).
The main contents of the instant contract are as follows.
Contracts for the Purchase of Equipment (including Installation)
1. Construction name: Construction work for the supply of fuel and for the installation of fuel (G business);
2. Deadline of delivery: January 10, 2015 (Establishment and trial run).
3. Terms and conditions of supply: On-site arrival map (in case of west-si E).
4. Contract amount: Rilering0 million won (270,000,000); Additional tax Map.
5. Payment terms: Amount of KRW 54,000,000 (108,000); KRW 200,000,000 (54,000,000); KRW 54,000; KRW 54,000 after the completion of installation; KRW 54,000,000 (54,000,000); Payment after the completion of a trial operation;
6. Defects guarantee: A letter of intent to start the date of arrival between 38 months after delivery and 36 months after trial run.
2. Production within the scope of construction: By the exclusion of the items to be supplied from among the entire detailed drawings provided on October 7;