공사대금
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 16,500,000 as well as the full payment from September 3, 2015.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On July 28, 2014, the Plaintiff entered into a contract with the Defendant to supply solar power infrastructure materials ordered by the Defendant (hereinafter “instant supply contract”).
Supply amount shall be KRW 352,00,000.
Of them, advance payment shall be KRW 110,00,000, and KRW 48,400,000 for the first progress payment until August 31, 2014, KRW 78,650,00 for the second progress payment until September 20, 2014, KRW 114,950,00 for the third progress payment until October 15, 2014, respectively.
The supply period shall be from July 28, 2014 to September 30, 2014.
The rate of liquidated damages shall be 3/100 of the daily supply price exceeding one day.
B. From September 2014 to December 2014, the Plaintiff supplied all materials for solar power production facilities ordered by the Defendant to the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
C. On August 8, 2014, the Defendant paid KRW 335,50,000,000 to the Plaintiff as the supply price for the instant supply contract; KRW 48,400,000 on September 30, 2014; and KRW 132,00,000 on November 10, 2014; and KRW 335,50,000 on March 18, 2015, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 9 (including virtual number), the purport of the whole pleadings
2. According to the facts of the judgment on the claim of the principal lawsuit, the Defendant is obligated to pay to the Plaintiff the amount payable at 16,50,000 won (352,00,000 won - 335,500,000 won) out of the supply price of the instant supply contract and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 3, 2015 to the date of full payment after the delivery of the original copy of the instant payment order, which the Plaintiff seeks.
In this regard, the defendant asserts that the plaintiff delayed the supply of solar power infrastructure materials and that there is a defect in the materials supplied by the plaintiff for solar power infrastructure.
However, the defendant also claims the same as the cause of the counterclaim, and the compensation for delay and defects in the principal lawsuit.