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(영문) 수원고등법원 2020.10.15 2020나11229
공사대금
Text

Of the judgment of the first instance, the Plaintiff (Counterclaim Defendant) regarding the principal lawsuit corresponding to the amount ordered to be paid below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The court's explanation on this part is the same as the corresponding part of the judgment of the court of first instance, and therefore, this part of the judgment is cited in accordance with Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. Plaintiff 1) The Plaintiff produced and supplied steel drums in accordance with the main contract of this case and the modified contract of this case (hereinafter “instant supplied goods”).

(C) On September 18, 2018, five remaining goods (knife) (hereinafter referred to as “the remaining goods”) of this case are each of the goods of this case.

Upon completion of the production, the Defendant fulfilled all the obligation to manufacture and supply goods under this case’s main contract and any modified contract by notifying the Defendant of bringing them to the Defendant. In addition, the original Defendant means the lucin material generated in the course of processing the raw materials (raw materials in accordance with the design drawing) that the Defendant paid to the Plaintiff.

(2) The Defendant agreed to settle the remaining goods of this case with 11,00,000 won (including value added tax). Accordingly, the Defendant is obligated to pay to the Plaintiff the remainder of the contract price of this case calculated by deducting the remainder of the contract price of this case from 249,986,000 won (i.e., value added tax 1,49,00,000 won - 1,499,014,000 won for the modified contract of this case - high financial reserve 11,00,000 won - damages for delay from September 18, 2018 when the Plaintiff notified the Defendant of the completion and receipt of the remaining goods. 2) Although the Plaintiff failed to supply the remaining goods of this case, and accordingly the Defendant’s termination of contract is lawful, the Defendant is obligated to pay the remainder of the contract price of this case after deducting the remainder of the contract price of this case from 249,986,000 won under the present contract of this case and the modified contract of this case (i.

B. Defendant 1 is the duty of delivery under the main contract of this case and the revised contract of this case.

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