공사대금
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. Basic facts
A. On June 23, 2012, the Plaintiff entered into a purchase agreement with the Defendant to allow the Defendant to arrive at the port of registry as designated by the Defendant by August 25, 2012, setting the contract amount of KRW 600,000,00,000.
(hereinafter “First Contract”). On July 2, 2012, the Plaintiff received advance payment of KRW 120,000,000 from the Defendant and issued the performance guarantee insurance policy and performance (contract) guarantee insurance policy issued by the Seoul Guarantee Insurance Co., Ltd. to the Defendant.
B. On August 16, 2012, the Plaintiff and the Defendant entered into a production contract with 40 tons of the amount of contract at KRW 19,200,00,000, in which the contract amount was set at KRW 19,200,00.
(hereinafter “Second Contract”). Around August 30, 2012, the Plaintiff manufactured and supplied FDK to the Defendant in accordance with the second contract, and filed a claim for KRW 25,483,792 [the amount of the second contract plus KRW 3,967,00] x 110% (including value-added tax).
C. On September 18, 2012, the Plaintiff and the Defendant concluded a DNA WAL production contract with the contract amount of KRW 59,191,000, verbally.
(hereinafter “Third Contract”). Around October 30, 2012, the Plaintiff produced and delivered the END WAL under the third contract. D.
On February 4, 2013, the defendant claimed 60,000,000 won of the guaranteed insurance on the ground of the plaintiff's default on the obligation of the Seoul Guarantee Insurance.
[Ground of recognition] Facts without dispute, Gap 2, 3, 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff (Cause of Claim) (1) did not pay the Plaintiff KRW 9,191,00 out of the construction price under the third contract, and thus, the Defendant is obligated to pay the Plaintiff KRW 9,191,00 and delay damages.
(2) Since the Plaintiff and the Defendant agreed on the first contract, there is no damages liability of KRW 60,000,000 against the Defendant under the first contract.
B. The defendant (the ground for counterclaim) is the plaintiff.