공사대금
1. The Plaintiff (Counterclaim Defendant) paid KRW 14,987,133 to the Defendant (Counterclaim Plaintiff) and against this, from June 8, 2017 to October 17, 2018.
1. Basic facts
A. On May 8, 2014, C Co., Ltd. (hereinafter “Nonindicted Company”) concluded a contract with D Co., Ltd. on December 1, 2015 (hereinafter “E”) for construction of ground assembly equipment (hereinafter “instant equipment”) (hereinafter “instant equipment”) and ST80/75 assembly units (hereinafter “building equipment”) to assemble whether or not they are attached to the E Co., Ltd. (hereinafter “E”) and to inspect their functions on May 8, 2014, the payment period was set on July 15, 2014 and August 15, 2014 (hereinafter “the completion date of trial operation after the payment date”) and set the payment period as KRW 160,000,000 per day (hereinafter “instant contract”), and prohibited subcontracting from obtaining approval from Nonparty Co., Ltd. and liquidated damages for delay at the rate of 100,000 per day and 10,000 per day.
On May 14, 2014, the non-party company paid the down payment of KRW 15.6 million [the down payment of KRW 96 million (30 million x 0.3)] to E. B. The defendant (E is a zero-year corporation with the capital of KRW 100 million x 16 million x 32 million x 0.3) operated by the defendant alone.
A) On June 9, 2014, F determined that the manufacturing work of the instant equipment and separate equipment was subcontracted to F on July 30, 2014 and August 30, 2014, and that the total amount of KRW 190 million would be the date of payment, and that the Defendant would be deemed to have completed the supply of each of the above equipment when passing the test of each of the above equipment. The Defendant paid F the amount of KRW 30 million on July 9, 2014 and KRW 2.7 million on July 21, 2014 (total KRW 62.7 million = KRW 29 billion) x 3.0 million on July 21, 2014 x 2.7 million (total KRW 190 million value added to KRW 190 million) x 9 million.
C. The F failed to comply with the instant subcontract as it failed to undergo the test operation of the instant facilities and separate facilities within the time limit set in the subcontract with the Defendant.
On March 24, 2015, the non-party company notified the non-party company that it was liable for damages to E, and the Defendant notified the F that it would cancel the said subcontract on April 24, 2015 on the ground that it was delayed to implement the contract.
The defendant on December 5, 2016.