물품대금
The judgment of the first instance court is modified as follows. A.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 4,000,000 won and 4,000 won.
A principal lawsuit and a counterclaim shall be deemed as the same.
1. The parties' assertion
A. From May 2016 to July 2016, the Plaintiff supplied ready-mixed at the new site of the Defendant’s C (hereinafter “Defendant’s factory”) from May 2016 to July 2016, asserting that the Defendant did not pay KRW 4 million out of the amount of ready-mixed, and claiming the payment of the amount of the above ready-mixed supplied and the amount of the damages for delay.
B. As to this, the defendant did not satisfy the use of the defendant factory (at least 40 tons of heavy weight, while conducting a mid-term repair business) because the ready-mixed supplied by the plaintiff falls short of the specifications stipulated in the order contract (at least 24Mpa), and as a result, the defendant caused damages to the defendant by removing concrete per the finished of the constructed factory and re-construction with ready-mixed in conformity with the standard. Thus, the plaintiff claims that the defendant pay 28,039,000 won and delay damages corresponding to the repair cost, and that the plaintiff's claim for the payment of ready-mixed is unjust.
2. Determination as to the cause of the principal claim
A. Basic facts 1) The Plaintiff between the Defendant and the Defendant on May 18, 2016, as a company supplying ready-mixeds, refers to ready-mixeds (standard 25-24 compressed strength 24Mpa) with the Defendant’s factory newly constructed in Nam-gu, Nam-gu.
-120, unit price per one cubic metres 61,900 won per one cubic metres, and the payment for which was made was “cash settlement within 90 days after the claim was made at the end of the month” (hereinafter referred to as “instant supply contract”).
(2) Under the instant supply contract, the Plaintiff supplied ready-mixed to the Defendant factory by July 29, 2016, and the Defendant did not pay KRW 4 million out of the above ready-mixed price.
[Ground of recognition] Facts without dispute, Gap's 1 to 7, 13 evidence (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
B. According to the above facts of recognition, the defendant, unless there are other special circumstances, is the amount of 4 million won for ready-mixed which is not paid to the plaintiff.