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1. The Defendant (Counterclaim Plaintiff) paid KRW 5,500,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 11, 2013 to April 9, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a person operating a company that sells and executes lighting fixtures, etc., and the Defendant is a company that performs the business of installing lighting fixtures.
B. From September 18, 2009 to September 30, 2009, the Plaintiff continued to perform lighting works among the Defendant’s C Construction Works.
C. On March 3, 2010, the Defendant entered into a supply contract (a contract amount: KRW 150,000,000) with the Plaintiff on the new construction site of D, including LD. The Defendant paid KRW 1,630,000 to the Plaintiff, due to the reduction of the quantity of certain products and the additional supply of products, such as cryp, etc. during the supply process, and the amount of goods increased to KRW 1,630,00. The Defendant paid KRW 143,760,00 to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 to 3, purport of the whole pleadings
2. The parties' assertion and judgment
A. (1) On November 26, 2008, the Plaintiff supplied products equivalent to KRW 4,603,500 (including value-added tax) such as ELD lighting at the E construction site according to a contract with the Defendant on November 26, 2008. Thus, the Defendant asserts that the Plaintiff is liable to pay the price for the above goods. As such, it is insufficient to acknowledge that there was a supply contract between the Plaintiff and the Defendant on the above site only by the descriptions of the evidence Nos. 1, 4, 6, and 8 (including the virtual number).
Therefore, the plaintiff's claim for this part is without merit.
(2) (A) The Plaintiff filed a claim for the additional construction cost at C from September 18, 2009 to September 30, 2009, asserted that the Defendant is obligated to pay the said additional construction cost to the Plaintiff, since the Plaintiff performed the additional construction cost of KRW 6,424,00 (including value-added tax) at the Defendant’s request, after doing so at the site from September 18, 2009 to September 30, 2009.