공사대금
1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following order to pay.
1. The reasons why this court should explain this part of the basic facts are the same as the part of the reasoning of the judgment of the court of first instance, including summary words, which is "1. Recognizing the facts of recognition", and therefore, they are cited by the main sentence of Article 420 of
2. Determination as to the claim on the principal lawsuit
A. The plaintiff's summary of the plaintiff's assertion completed the frame of this case pursuant to the contract of this case, and completed the installation and trial operation.
Although the plaintiff failed to install safety devices, it is due to the defendant's refusal to receive safety devices, and the issuance of a safety inspection and a letter of performance guarantee can be immediately implemented.
Therefore, the defendant is obligated to pay to the plaintiff the remaining amount of KRW 196,00,000 under the contract of this case (=total amount of KRW 506,00,000 - the already paid amount of KRW 310,000,000) and damages for delay.
B. Determination as to the completion of the press of this case 1) The so-called production supply contract under which one of the parties to the contract agrees to supply goods made by using his own materials according to the other party’s order and the other party agrees to pay the price therefor. Since the nature of the contract is of the nature of the contract for work and the nature of the transaction and the contract for work in terms of the supply, the applicable law also applies to the case where the goods to be manufactured and supplied under the contract are substitute goods. However, in the case of the goods to meet the demand of a specific client, the provision for the sale is applied to the case where the goods are substituted by the goods to be manufactured and supplied under the contract, but the manufacture becomes the main purpose of the contract.
On the other hand, in principle, the contractor shall pay remuneration to the contractor simultaneously with the delivery of the completed object unless there is a special agreement or custom between the parties on the date of payment of remuneration in the production supply contract. The delivery of the object refers only to the transfer of simple possession of the completed object.