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1. The Defendant: (a) KRW 2,362,615,504 to the Plaintiff; and (b) KRW 3.44% per annum from June 21, 2017 to February 8, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. On June 25, 2015, C Co., Ltd. (D Co., Ltd. changed from July 1, 2015; hereinafter “C”) entered into a purchase contract (hereinafter “E purchase contract”) with the Defendant-affiliated Defense Acquisition Program Administration (hereinafter “Defendant”) on which the purchase price of the total goods is KRW 41,095,00,000, and the delivery date is from July 31, 2015 to November 30, 2017.
B. C on June 15, 2017, supplied E1 forms to the Defendant under a purchase contract and claimed the amount of KRW 5,033,949,064 for the goods.
C. On June 20, 2017, the Defendant paid KRW 2,671,33,560 out of the price of the goods to C.
The Plaintiff was divided in C in order to engage in the business sector related to “manufacture and Sale of self-owned and combat vehicles, etc.” and succeeded to all rights and duties regarding the said business sector, and completed the registration of incorporation on July 3, 2017.
(hereinafter referred to as “Plaintiffs, regardless of whether before or after the division,” . [Grounds for recognition] The fact that there is no dispute, Gap's entries in subparagraphs 1 through 6, the purport of the whole pleadings.
2. According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 2,362,615,504, excluding KRW 2,671,333,949,064 (=2,362,615,064 - 2,671,333,560) from June 21, 2017 to February 8, 2018, the delivery date of a copy of the complaint in this case from June 21, 2017 to February 21, 2018, the agreed interest rate of KRW 3.44% (the average interest rate of loans of the financial institutions on June 6, 2017, where delay in the payment occurred) of the remainder of KRW 2,671,333,560, and damages for delay calculated at the rate of 15% per annum from the next day to the date of full payment.
3. Judgment on the defendant's defense
A. The defendant's defense is to improve the F performance with the defendant.