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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 17, 2012, the Defendant entered into a contract with the Plaintiff to contract for the production and installation of the PL plant (hereinafter “instant contract”) at the solitary Accommodation that the Defendant had been performing construction work. The relevant part of the contract specifications attached to the instant contract is as follows:
PW01 [personal room/W25] 1,500 x 1,500 x 2,250 1,209 (1,654) 249,755 301,953,795 2 PW02 [mechanic/W115] 0.90 x 0.850 x 0.650 x 761,275 428,925
B. The Plaintiff supplied and installed 936 articles No. 1 mentioned in the above table at the construction site at the above construction site (hereinafter “instant title 1”) and 6 articles No. 2 (hereinafter “instant title 2”) respectively.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff's assertion made 7 windows No. 1,165, and 2. The defendant is obligated to pay only the price for the part completed by the plaintiff, and 57,25,170 won for the first heading (i.e., 57,193,895 won (= 249,755 won x 229 won) for the second heading (i.e., 1,165 - 936) and 2 heading (i.e., 7 heading) for the part completed by the plaintiff.
B. In full view of the purport of the argument in Gap evidence No. 1, the plaintiff in the contract of this case determined to perform the construction work in accordance with the site descriptions, specifications, drawings, and special articles (Article A. 1 of the General Terms of Contracts). On the condition that the method of settlement of the price would be calculated once a month, the transaction amount shall be calculated in quantity, and the price shall be adjusted accordingly (the special terms of the contract, the method of settlement in August), and the contract specifications attached to the contract of this case shall be determined to obtain the defendant's approval for all the goods supplied by the plaintiff.