공사대금
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
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 materials for solar power facilities (hereinafter “instant supply contract”) at the construction site for solar power facilities conducted by the Defendant (hereinafter “instant construction site”) on the land in the west-gun C and its surrounding areas, Chungcheongnam-gun, and the supply price was KRW 352,00,000.
B. The Plaintiff supplied all materials for solar power generation to supply solar power plants from September 2014 to December 2014 at the instant construction site.
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 1 through 3, 9 (including branch numbers, hereinafter the same shall apply), Eul evidence 1, and the purport of the whole pleadings
2. The reasoning for this part of the judgment on the claim of a principal suit is that of the corresponding part of the reasoning of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. Judgment on a counterclaim
A. The summary of the Defendant’s assertion 1) The end of the supply of the materials for solar power facilities as stipulated in the instant supply contract is September 30, 2014, and the end of the instant supply contract recognized by the Plaintiff is November 5, 2014. As such, the Plaintiff delayed the supply for 36 days. Therefore, as stipulated in the instant supply contract, the Plaintiff shall pay to the Defendant the penalty for delay 38,016,000 won (=352,00,000 x 3/100 x 3/1000 x 36 days) and its delay damages as a result of the defect in the materials for solar power facilities supplied by the Plaintiff. (ii) As such, the Plaintiff suffered damages, such as melting in solar power facilities, from two months after the date of the Plaintiff’s final supply of the materials for solar power facilities supplied by the Plaintiff, the Plaintiff incurred damages to the Defendant as a compensation for damages incurred thereby.