Text
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) exceeding the amount ordered to be paid below.
Reasons
1. Basic facts
A. On June 2, 2012, the Plaintiff entered into a construction contract with the Defendant to receive a contract for the installation work of a power-driven vessel from the Defendant to the amount of KRW 23,650,000 (including value-added tax).
B. On July 12, 2012, the Plaintiff entered into a construction contract with the Defendant to receive a contract for construction work (such as electricity, fire-fighting, and communication) from the Defendant to KRW 106,70,000 (including value-added tax).
C. On August 10, 2012, the Plaintiff entered into a construction contract with the Defendant to receive a contract for the manufacture and installation of the recovery automatic transfer equipment (hereinafter “instant equipment”) from the Defendant for the construction cost of KRW 583,00,000 (including value-added tax) (hereinafter “instant contract”).
On December 26, 2012, the Plaintiff entered into a construction contract with the Defendant to receive construction cost of KRW 82,500,000 (including value added tax) from the Defendant.
E. The Plaintiff completed the construction work under each of the above contracts and completed the trial run. However, the Defendant did not receive a total of KRW 70,049,290 from the construction cost under each of the above contracts.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the principal claim, the Defendant is obligated to pay the Plaintiff the total amount of KRW 70,049,290, and delay damages for the payment of the construction price.
3. Judgment on the defense and counterclaim against the principal lawsuit
A. The Defendant’s assertion (1) There are various defects in the instant facilities installed by the Plaintiff, such as suspending the operation of the facilities due to the occurrence of oil pressure devices, and the decline of the hos, so the instant facilities are not installed up to now.
As of December 31, 2013, when calculating the penalty for delay in accordance with the terms and conditions stipulated in the instant contract as of December 31, 2013, the amount of KRW 87,450,000 (=583,00,000 x 50 days x 3/1000). Thus, the Plaintiff is above the Defendant.