The Defense Agency will ask the Justice Ministry on Friday to file a civil lawsuit against Toyo Communication Equipment Co. for failing to refund an additional 6.2 billion yen to the agency in connection with a procurement overcharge, agency officials said Wednesday.

The agency last week estimated that the NEC Corp. affiliate overcharged some 7 billion yen in its past procurement deals with the agency, and urged the firm to refund the full amount. Toyo Communication had already refunded some 800 million yen.

The agency decided to take the case to court after confirming that the company intends to reject the agency’s demand, the officials said. The Justice Ministry acts as liaison office for lawsuits that involve governmental organizations.

Meanwhile, officials of Toyo Communication said the same day that the firm filed its own suit with the Tokyo District Court, claiming that the agency’s demand is excessive and that the grounds for its calculations are unclear.

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