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1. The Defendant (Counterclaim Plaintiff) paid KRW 170,870,693 to the Plaintiff (Counterclaim Defendant) and its related amount from September 24, 2016 to November 24, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a company that manufactures and sells processed food, and the Defendant is a company that engages in mechanical design and assembly business.
B. (1) On August 13, 2014, the Plaintiff entered into a contract for the supply of aggregate extraction period between August 13, 2014, with the Defendant and KRW 330,000,000 for the period from August 18, 2014 to October 18, 2014, and KRW 114,40,00 for the intermediate payment of KRW 114,000 for the contract date, and the intermediate payment of KRW 50,60,000 for the goods at the time of the supply of the goods factory, including each payment and value added tax after the completion of the trial run. In addition, each of the “No. 1” and “No. 2” are “the extraction period of this case.”
) A contract was concluded to manufacture and supply ancillary facilities (hereinafter referred to as “instant supply contract”).
(2) The Plaintiff paid KRW 264,00,000 to the Defendant out of the instant supply contract price, and the installation of the extraction machine was completed around January 20, 2015.
C. On March 4, 2015, the instant defect and accident occurred. On March 4, 2015, the contents were pushed out to the outside while internal air conditioners were pushed out, and the Defendant performed complementary work to install a net air conditioners at the bottom of the air conditioners of the extraction machines. On March 22, 2015, the same problem occurred during the trial run of the instant No. 2, and thereafter, the Defendant performed supplementary work to replace the air conditioners from the fixed method of Fin-in (Pin Type) to the fixed method (hereinafter “the instant primary defect”).
(2) On April 20, 2015, the extraction machine was opened at the upper part during the instant period of trial operation, and the Defendant performed complementary work to replace the fixed 1.5 tons with the fixed 5 tons of 5 tons.
(hereinafter “instant secondary defect”). On April 27, 2015, the Plaintiff’s employee A, who was working in the field of work, opened the upper part of the extraction machine during the operation of the instant heading 2 on April 27, 2015.