1. The Plaintiff (Counterclaim Defendant) paid KRW 4,943,757 to the Defendant (Counterclaim Plaintiff) and its amount from January 17, 2019 to October 29, 2019.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The plaintiff is a corporation whose purpose is the manufacturing business of lighting fixtures, and the defendant is a corporation that aims at electrical construction business, etc.

B. On January 16, 2014, the Plaintiff received a contract with the Defendant for the construction period of lighting fixtures supply works from September 10, 2012 to April 30, 2014, the construction price of KRW 143,00,000 (including value-added tax) and the warranty period of the defect liability period of each three years, respectively.

C. The plaintiff completed the delivery of lighting fixtures, and the defendant did not pay 3,413,600 won out of the amount of goods, including additional costs, to the plaintiff.

On the other hand, the apartment of this case was completed around May 2014 and it was occupied by the buyer from around that time. The Defendant heard from the time immediately after the commencement of the occupancy in the apartment of this case that there was a serious sound to the lighting fixture or a defect in the lighting fixture, and requested the Plaintiff to replace the lighting fixture where the defect occurred, but the Plaintiff failed to completely implement it. The Defendant replaced the lighting fixture supplied by the Plaintiff at his own expense until April 2015.

[Reasons for Recognition] Facts without a partial dispute, Gap 1, 2, Eul 1 through 9 (including numbers), each entry and video, and the purport of the whole pleadings

2. The parties' assertion

A. The main point of the Plaintiff’s assertion is that the Defendant is obligated to pay the Plaintiff the unpaid lighting payment of KRW 3,413,600 and the delay damages therefor, and thus, the Defendant is entitled to the principal claim.

B. The summary of the defendant's assertion is that the plaintiff supplied defective lighting to the defendant and incurred damages equivalent to KRW 35,48,941 or KRW 8,357,357 to replace defective lighting fixtures to the defendant. Thus, the plaintiff is the remainder after deducting KRW 3,413,60 from the defendant's damages equivalent to the above repair cost.