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1. The plaintiff (Counterclaim defendant)'s claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 19,100,375 and the Defendant (Counterclaim Plaintiff).
Reasons
A. The purpose of the instant construction contract is to control the temperature and dampness with the advantages of saving personnel expenses by systematically controlling the water supply.
The main contents of the instant construction contract are as follows.
1. Name of construction: Possting mushroom cultivation automation facilities, and installation works of facilities;
2. Construction amount: 85,000,000 won (including value-added tax).
3. The payment of conditions for the payment of price shall be made in cash as follows:
1) Contract deposit: 40% (34,000,000) of the construction cost shall be paid. 2) The intermediate payment: 30% (25,500,000) of the construction cost shall be paid upon completion of 80% after the completion of the construction work with construction materials.
3) Balance: Payment in cash shall be made if there is no defect in the occurrence of a problem, etc. by using 30% (25,500,000 won) of the construction cost for seven days after the completion of a trial operation. 4. Construction work details 1) Construction period: From September 12, 2014 to October 31, 2014: The outline of construction project: It shall be installed at the place (9.5m*18m) where the project owner is already installed, and a mushroom growing belt (including private materials, and a project owner shall be installed with an automatic control system and develop and install the contents of the work instruction or oral terms presented by the project owner as an automatic control system.
6. All rights in technology and research undertaken under this Agreement for the ownership of the outcomes of the research and development shall belong to the Plaintiff.
Article 10 [Extension of Construction Period]
1. Where the execution of construction works is delayed due to reasons not attributable to the defendant, such as the ground for the plaintiff's responsibility, natural disaster, or force majeure situation, the defendant may request the plaintiff to extend the construction period
2. Where the construction period is extended under paragraph (1), additional expenses, such as site management expenses, etc. incidental thereto, shall be adjusted by applying the provisions of Article 16.
Article 11 (Non-conforming Construction Works)
1. The plaintiff may request correction of any part of the work executed by the defendant, which is not in conformity with the design documents, and the defendant shall without delay.