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1. The Defendant’s KRW 2,455,229,729 as well as 6% per annum from January 31, 2016 to October 19, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. 1) The National Defense Facility Headquarters under the Defendant’s control of the Ministry of National Defense (hereinafter “National Defense Facility Headquarters”)
(D) On October 28, 201, the term “D Facility Construction” (hereinafter “instant construction”) for the purpose of constructing four strings for the posts of C belonging to the United States Armed Forces in Pyeongtaek-si B (hereinafter “instant construction”).
(2) On December 28, 2011, the Plaintiff, through the National Defense Facility Headquarters, concluded a contract for construction work in the form of long-term continuing construction (hereinafter “instant construction contract”) with the Defendant on December 28, 201, with respect to the instant construction work, and started the instant construction work around that time.
3) The instant construction contract executed the instant construction project in the total amount of KRW 85,642,079,410 for up to 33 months from December 28, 2011 to September 30, 2014. As such, the former General Conditions for the Construction Contract (amended by Ordinance of the Ministry of Strategy and Finance No. 2200.04-104-25, Jan. 1, 2012; hereinafter “instant General Conditions”).
4) The main contents of this case are as shown in Appendix 1. On the other hand, the Corporation, under the Agreement between the Republic of Korea and the United States of America on Special Measures against Facilities and Areas and the Status of United States Armed Forces in the Republic of Korea under Article 4 of the Mutual Defense Treaty between the Republic of Korea and the United States of America (hereinafter referred to as the “Agreement on Special Measures for the Apportionment of Defense Expenses”), is to provide the United States Armed Forces with facilities to be used by the United States Armed Forces in Korea (hereinafter referred to as the “USFK”).
Therefore, the Defendant has the authority to supervise the instant construction works and to conclude contracts, but the drawing and specification of the instant construction works.