물품대금
1. The Plaintiff (Counterclaim Defendant) paid KRW 20,455,326 to the Defendant (Counterclaim Plaintiff) and its related amount from January 9, 2018 to November 1, 2018.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Defendant was awarded a subcontract for the construction of the Azingy Construction Co., Ltd., Ltd. (hereinafter “Azingy Construction”) and the construction of the Azingy Complex Panel, Changho Construction, etc. among the new construction of the instant building (hereinafter “the instant building”).
B. Around May 2015, the Plaintiff entered into a contract for the supply of goods to be supplied to the Defendant and the headquarters of the instant building with Aluminium complex (product specifications: 0.5T on the front board: 0.5T on the front board; 0.5T on the front board; 0.5T on the front board; 3T, color AT-104M ESVIV, and 90 million won on a unit price (excluding value-added tax).
(In the event of the occurrence of a defect, the Plaintiff has a duty to replace the product, provided that there was a proviso that the defect arising from the processing and construction process does not apply to the product. hereinafter referred to as “instant commodity supply contract”).
After the Plaintiff supplied first goods on May 11, 2015, the Plaintiff supplied an Aluminium composite panel at the construction site of the instant building upon receiving an order from the Defendant from November 7, 2015, and did not receive the price of the goods KRW 26,413,871 from the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 (including virtual number; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings
2. According to the above basic facts as to the cause of the principal claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 26,413,871 and delay damages therefor, barring special circumstances.
3. Determination on the cause of counterclaim and the allegation of set-off
A. The Plaintiff’s assertion 1) Among the Aluminium complex panel supplied by the Defendant, there was a defect in color to the EXIC SILV products. As a result, the Defendant’s removal and re-execution of the Aluminium complex panel executed by the Defendant is inevitable. As such, the Plaintiff’s calculation of KRW 41,104,00,00 remaining after offsetting the Plaintiff’s claim for the payment of the price of the goods (=67,518,388) is 41,104,517.