물품대금등
1. The Defendant: KRW 46,963,110 for the Plaintiff and KRW 6% per annum from September 13, 2016 to January 26, 2017.
1. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1-8 (including a serial number; hereinafter the same shall apply) by taking into account the overall purport of the pleadings.
On November 30, 2015, the Plaintiff entered into a contract with the Defendant to produce and supply 20 unit connection teams for solar power generation devices (including value-added tax; hereinafter the same shall apply) to the cost of KRW 528 million (hereinafter referred to as “first connection group”) to be installed on the waters of Bossan-si, Bossan-si. The Plaintiff produced and supplied all first connection teams from December 11, 2015 to December 22, 2015.
B. On January 20, 2016, the Plaintiff re-produced and supplied 20 contact teams for solar power generation devices (hereinafter “2 connection teams”) to the Defendant.
2. The assertion and judgment
A. The summary of the party’s assertion (1) The Plaintiff, at the Defendant’s request, replaced the first connection group to the second connection group, produced the second connection group and supplied the second connection group. In the process of the Defendant’s separation and recovery of the first connection group, the first connection group was flooded or damaged, thereby losing its utility.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 46,963,110 (= KRW 52,800,000 - KRW 52,8363,110,00 (= KRW 46,963,963,110,00), which is the sum of KRW 52,80,000 - 5,836,890) and KRW 110 (= KRW 46,963,110), which is the sum of KRW 52,80,000,000 for the separate collection work to be shared by the Plaintiff out of KRW 52,80,00).
(2) The height of the first connection team produced and supplied by the Defendant (1,350m) is higher than the height on the design drawing (1,040m). The Defendant demanded the Plaintiff to replace the first connection team with the new connection team in line with the design drawing upon the request of the Korea Water Resources Corporation, which is the place of the order.
Accordingly, the Plaintiff requested the Defendant to change the first connection team to the second connection team, and the Defendant requested the separate collection of the first connection team to perform it, and in the process.