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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff is a corporation established for the purpose of electricity processing, etc., and the defendant is a corporation established for the purpose of design services, technology services, etc. for marine plants.
When the Plaintiff supplied electricity treatment services from the Defendant, it concluded a basic transaction contract and unit price contract with the Defendant several times from April 1, 2011 to March 31, 2014.
However, due to the difference in view of the unit price, each of the above contracts was no longer concluded, and accordingly, the Plaintiff was bound on April 4, 2014 at the Defendant’s work site.
The Plaintiff filed a lawsuit against the Defendant against the Defendant seeking payment of the amount of KRW 567,525,70 equivalent to the difference in the unit price in the year 2011 and the year 2012 and the year 2013; KRW 43,665,00 for progress payment from March 21, 2014 to April 4, 2014; and KRW 1,100,743,338 for delay payment from March 21, 2014 to April 4, 2014; however, the Plaintiff was ruled against the Defendant (this Court Decision 2014Gahap2149, Feb. 12, 2015; hereinafter referred to as “prior case”); and the above judgment became final and conclusive on February 28, 2015.
On the other hand, on November 2013, the Plaintiff leased KRW 2,60,000 monthly rent of the heat treatment equipment comprised of six regular power lighting, six temperature recordser, one program controler, one screener, one cable, and one cable (hereinafter “instant heat treatment equipment”) to the Defendant. On the other hand, on the other hand, the Plaintiff sold back KRW 12,430,00 for Harwater, Master Group Woore and other expendable goods (hereinafter “instant expendable goods”), and there was a written estimate as follows.
(hereinafter referred to as the “Written Estimate”) No. 20, A BD E No. 1, and B No. 20, show the difference between the date of issuance and the period of construction.
The former is indicated as the publishing date “1.1.1.1, 201” and the construction period “from November 15, 2013 to April 15, 2014 (5 months)” while the latter is each “1.4, 2013” and “from November 1, 2013 to April 2014.”