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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are found either in dispute between the parties or in combination with the statements in Gap 2, 3, and Eul 8 and witness Eul's testimony.
A. The Defendant was awarded a contract for the construction work of manufacturing and supplying two Fire Telecommunications (hereinafter referred to as the “instant tank”) from the Red Cross Co., Ltd. (hereinafter referred to as the “Sare”), and the Plaintiff was awarded a subcontract from the Defendant around February 2012 for the said construction work in KRW 115,50,000.
B. After completing the manufacturing, painting, packing, etc. of the instant tank using design drawings and materials supplied by the Defendant, the Plaintiff delivered two tanks of this case to the Defendant on May 22, 2012.
C. On June 4, 2012, the Defendant agreed to increase the construction cost of the instant case to KRW 119,240,000, and to pay the said construction cost within 14 days from the date of delivery of the instant tank.
The Defendant paid the Plaintiff KRW 45,618,192, and KRW 20,072,05 on July 3, 2012, among the instant construction cost, respectively, to the Plaintiff.
2. Determination
A. According to the above facts, the defendant is obligated to pay the remaining construction cost of KRW 53,549,803 to the plaintiff, except in special circumstances.
B. As to this, the defendant asserts that the damage claim caused by the above defect and the plaintiff's remainder of the construction cost claim are offset, since the defect in the two tanks of this case manufactured and supplied by the plaintiff was caused by the defect.
In full view of the overall purport of the pleadings in the testimony of the non-party company, Gap evidence Nos. 8, Eul evidence Nos. 1 through 4, Eul evidence Nos. 7-1 and Eul evidence Nos. 7-2, and witness Eul, the defendant delivered two tanks of this case delivered by the plaintiff according to the contract agreement with the non-party company to the construction site of Saudi Arabia, and the design drawings of the tank of this case produced and supplied by the plaintiff.