임금
1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is KRW 19,561,500.
1. The reasons why the part concerning the acceptance of the judgment of the court of first instance is stated are as follows: “5% per annum as stipulated by the Civil Act” in the 4th 3th 3th of the judgment of the court of first instance shall be deemed as “6% per annum as stipulated by the Commercial Act (if both the plaintiff and the defendant are merchants, it shall be applicable to the Commercial Act).” The fourth th th th th of the judgment of the court of first instance and the fourth 4. conclusion concerning the counterclaim are as stated in the reasoning of the judgment of the court of first instance, and they shall be cited as it is in accordance with the main sentence of Article
2. As to a counterclaim
A. The Plaintiff’s assertion (i.e., the ownership of the materials provided to the instant tin Corporation is all the Defendant, and the original quantity of the materials was agreed to mutually settle, but the Defendant’s on-site agent’s working conditions did not confirm daily and did not have any conditions to carry out the order, so the Plaintiff was informed on behalf of the ordered quantity.
Due to the characteristics of the instant stone construction project, the substitute stone ordered with various specifications must remain as a result of the on-site processing and construction, and the original defendant must provide surplus funds by applying the premium rate of the materials.
In addition, the plaintiff only left tin materials of a ratio similar to the increase in the premium rate of the materials stipulated in the Standard Pumxem.
Therefore, stone materials were left.
This is not the defendant's damage that the plaintiff should compensate.
See The D Deputy Director of the Defendant’s On-Site Agent D performed only the quality control duties, such as inspection as to the defective materials stored.
The Plaintiff is obligated to carry out the instant stone construction work in good faith and to settle the volume of the construction work each other after the completion of construction works. Therefore, the Plaintiff shall compensate the entire quantity of the substitute 318 square meters, which is treated as losses due to excessive landings by the Plaintiff.
The price of the substitute stone produced by the Defendant is from 132,00 won per square meter to 205,000 won, and first of all, the price per square meter is calculated as 80,000 won at some claims.
(b)a recognition;