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Reasons
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(영문) 서울중앙지방법원 2017.03.22 2015가합513492
손해배상(건)
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1. The Defendant (Counterclaim Plaintiff) paid KRW 418,433,439 to the Plaintiff (Counterclaim Defendant) and its related amount from January 6, 2017 to March 22, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 25, 2013, the Armed Forces Finance Management Group under the Plaintiff’s control of the Armed Forces (hereinafter “instant construction”) concluded a contract and made advance payments, etc.

(i) 1,920,198,420 won (including value-added tax; hereinafter the same shall apply) for the contract amount;

(2) The term of contract is determined from June 25, 2013 to June 24, 2014 (hereinafter “instant contract”).

(2) On June 27, 2013, the Plaintiff paid KRW 1,344,00,000 to the Defendant under the name of the Corporation advance payment.

3) The National Defense Facility Headquarters under the Plaintiff’s control (hereinafter collectively referred to as “person ordering” in total as the Armed Forces Finance Management Group and the National Defense Facility Headquarters

(4) On July 17, 2013, the Defendant notified the Defendant that the construction should be suspended until the budget for the construction supervision service was allocated, and the instant construction work was suspended for 109 days from July 8, 2013 to October 24, 2013. (4) The Defendant implemented part of the instant construction work from November 8, 2013 to December 15, 2013, and the Plaintiff paid KRW 67,459,320 as the payment for the completion of the construction work on December 24, 2013.

5) On April 24, 2014, the Plaintiff paid KRW 285,00,000 to the Defendant for construction advance payment. (b) Around May 11, 2014, the ordering person confirmed that there was an outbreak of the runways, taxiways, and air conditioners (hereinafter “instant defect”) constructed by the Defendant, and demanded the Defendant to use the “water-resistant primary concrete” produced in accordance with the patent method owned by Hanmi-U.S. Co., Ltd. (hereinafter “Korea-U.S.”), and add the process of air intake cleaning, as well as the problems arising from the problems.

2) From May 17, 2014 to June 2, 2014, the Defendant reflected the Defendant’s foregoing demand for reconstruction works on the runway part (hereinafter “runway supplementary works”).

3) The completion of the Project.

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