물품대금
1. The Defendant (Counterclaim Plaintiff) paid KRW 54,33,840 to the Plaintiff (Counterclaim Defendant) and its related amount from October 28, 2015 to May 24, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Plaintiff is a person engaged in the business of manufacturing styp pumps under the trade name of “B,” and the Defendant is a company engaged in indoor construction business, housing construction business, etc.
B. On March 17, 2015, the Defendant entered into a standard contract for the manufacture of construction materials under which the Plaintiff would be supplied with the materials of Class 2(3) to be used in C University Global Lifelong Learning Center, etc. (the so-called “Sttyp”).
The delivery term under the above contract was set from March 20, 2015 to April 30, 2015, and the delivery place was set as the designated place within the Cuniversity, and the goods were supplied as the fixed goods under a special contract, but the goods were supplied as the fixed goods, and the evidentiary materials, such as the test report recognizing the fixed goods, were submitted to prove that they were the fixed goods.
C. The Plaintiff supplied the Defendant with materials equivalent to KRW 54,33,840 according to the above contract.
[Ground] Facts without dispute, Gap 1-3 evidence, Eul 1 and 2 evidence (including paper numbers), the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. According to the above facts, the defendant shall pay 54,33,840 won and delay damages to the plaintiff, unless there are other special circumstances.
B. The summary of the Defendant’s assertion 1) The Defendant constructed a building outer wall of C University Global Learning Center using non-legal materials supplied by the Plaintiff. However, there was a serious problem that the construction of the building outer wall constructed by the Plaintiff to supply defective materials to the Defendant. In order to solve the above problem, the Defendant spent the repair cost of KRW 102,650,000. As long as the Plaintiff supplied defective materials, the Defendant cannot respond to the Plaintiff’s claim for the payment of materials. 2) The Plaintiff’s claim for the payment of materials is not possible, and appraiser D caused the defect of non-legal materials supplied by the Plaintiff.