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1. The Defendant (Counterclaim Plaintiff) paid KRW 10,00,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from June 1, 2012 to October 17, 2012.
Reasons
1. There is no dispute between the parties to the judgment as to the principal lawsuit, or in full view of the purport of the entire pleadings in the statement in subparagraph 1, the Plaintiff is obligated to pay the Plaintiff damages for delay calculated at the rate of 20% per annum as prescribed by the Civil Act from June 1, 2012 until October 17, 2012, which is the day following the due date for payment, to the Plaintiff, since the Plaintiff lent KRW 10,000,000 to the Defendant on April 27, 2012 by setting the due date for payment until May 31, 2012.
2. Determination on set-off and counterclaim regarding the principal lawsuit
A. The defendant's argument is as follows.
(1) The Plaintiff and the Defendant jointly operated the business of installing a mutual ventilation system (air ventilation system) in old houses for not less than 10 years. The Defendant believed the Plaintiff and established a mutual assistance system for not less than 10 days from February 12, 2012, Seocho-gu Seoul Metropolitan Government C building D, Seoul, for the Plaintiff, from February 12, 2012, and installed a mutual assistance system for not less than 112 days from February 20, 2012 (hereinafter “instant installation work”). However, the Plaintiff’s equipment was not completed due to the error and insufficient installation of hardware, and thus, the construction cost was not paid KRW 17,00,000.
(2) In the process of the instant installation work, the Defendant awarded a partial subcontract to D, and received a claim of KRW 7,528,400 for the subcontract price from D and paid it.
(3) The Defendant spent the amount equivalent to KRW 11,060,000 as the cost for the material cost, installation cost, and apparatus cost in connection with the instant installation work.
(4) Therefore, the Plaintiff is obligated to refund or compensate the Defendant for the total amount of damages incurred by the Defendant in connection with the instant installation work ( KRW 17,588,400,000, KRW 7,528,400, KRW 11,060,00) and damages for delay. The Defendant is the Plaintiff’s claim against the Plaintiff.