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1. The Defendant (Counterclaim Plaintiff) paid KRW 67,750,200 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from June 18, 2015 to August 16, 2018.
Reasons
In light of the fact that the amount paid after the extension contract includes the money paid after the extension contract, and ③ it is unclear whether it is the money paid due to defect repair in light of the time or name of payment, it is difficult to view it as expenses for defect repair and there is no other evidence.
Therefore, this part of the defendant's argument is without merit.
2 The plaintiff asserts that the plaintiff could not respond to the defendant's counterclaim if the source of slives was caused by the wind to change materials at the request of the defendant, and that the plaintiff could not respond to the defendant's counterclaim.
The plaintiff's above assertion is interpreted to the effect that the contractor is not liable for the defect in accordance with Article 669 of the Civil Act because the defect in the object is due to the order of the contractor.
According to the evidence Nos. 3 and 6, the plaintiff and the defendant stated that the construction statement of the construction work of this case "SCI column 350*350*12*19 was changed to 400*200*8*13, SG1/S3 rooftop H-BEM 582*300*12*17*600*200*117 was changed to H-BEM 400*200*8*13, but there is not any evidence otherwise.
Therefore, the plaintiff's assertion is without merit.
C. Accordingly, the Plaintiff is obligated to pay to the Defendant damages calculated by the annual rate of 6% per annum under the Commercial Act from September 10, 2015 to August 16, 2018, which is the date of this decision, which is the date when it is reasonable for the Plaintiff to dispute as to the existence and scope of the obligation to perform, as well as the annual rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
4. In conclusion, the plaintiff's principal lawsuit and the defendant's counterclaim are asserted.