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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim, and Defendant B’s appeal are dismissed.
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On February 18, 2014, Defendant Co., Ltd. received a contract for the construction of a new urban-type residential housing complex building (D site) located in Geumcheon-gu Seoul Metropolitan Government for KRW 1,241,779,500 for the construction of a new urban-type residential housing complex (hereinafter “instant construction”). At that time, Defendant Co., Ltd subcontracted the construction of the complex panel attached to the Plaintiff.
B. From May 31, 2014 to September 16, 2014, the Plaintiff processed the composite panel dried from the Defendant Company in compliance with the requirements of the Defendant Company, and supplied it to the Defendant Company.
C. As of the date of the above final delivery, Defendant Company subcontracted the multiple panel processing work to the Plaintiff from before D on-site prior to the date of the processing of the multiple panel supplied by the Plaintiff, and paid the price to the Plaintiff several times after D on-site subcontracting. The most of the price was appropriated for the pre-existing subcontract price (E or F on-site related price) and was merely part of the amount appropriated for the repayment of the subcontract price related to D on-site.
The Defendant B, as a representative director of the Defendant Company, prepared and delivered to the Plaintiff a payment note (Evidence A 4; hereinafter “instant payment note”) that the Defendant Company shall jointly and severally pay to the Plaintiff KRW 50,450,000 for the unpaid price of supply up to September 4, 2014.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, 10, Eul's 15, and the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant Company shall pay the Plaintiff the unpaid processing amount of KRW 51,187,605 and delay damages therefor, and the Defendant B shall jointly and severally pay the unpaid processing amount.