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1. The Plaintiff (Counterclaim Defendant) paid KRW 56,759,450 to the Defendant (Counterclaim Plaintiff) and its related amount from April 28, 2017 to January 30, 2020.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On May 29, 2015, the Plaintiff engaging in the business of leasing, arranging, etc. of construction materials is the Defendant and Algap (AL-FORM) Algap structure (AL-FRM) of the Defendant and Algap (AL-FORM) of the Defendant, who are engaged in the business of manufacturing metal assembly materials, etc., are structures of a aluminium temporary structure that both grow and support until they reach the strength they want to load concrete in a specific form or size
A consulting contract for the project was concluded, and an amount of KRW 18,048,80 out of the agreed amount (business fees) for “C newly constructed site” under the above contract was not received from the Defendant (i.e., the unpaid amount of KRW 16,408,00).
B. On January 29, 2016, the Plaintiff entered into a lease agreement between the Defendant and the Si-si New Construction Site D (hereinafter “instant new construction site”) (hereinafter “instant lease agreement”) and the terms and conditions of the agreement are as follows.
Article 6 (Delivery and Return) (5) In the time of delivery and return of leased goods, the quantity verification shall be based on the total weight and quantity, and the "A" and "B" shall be based on the weight and quantity at the time of delivery and delivery of the goods, and it shall be deemed that the confirmation has been made between the parties when no notification is made within seven days after the delivery and delivery.
Article 16 (Limitation on Waste Disposal and Disposal of Waste) The applicable ratio of the standards for waste and the destroyed price due to erroneous use and management of "A" shall be as follows, and in the case of waste, within 14 days from the date of arrival and within 14 days from the date of arrival, "A" shall be notified to "A" and "B" shall be paid to "B (Defendant)" by recognizing the applicable ratio of the destroyed price:
① 알폼의 꺽임, 절단, 중간부분 찌그러짐 등으로 원형으로 수리 불가능한 상태 - 공급가격(판매가격)의 100% 적용 ② 알폼의 꺽임, 절단, 중간부분 찌그러짐 등으로 내ㆍ외관이 원래의 크기로 유동 불가능한 경우 -...