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1. Defendant B Co., Ltd.: (a) KRW 108,070,777 and KRW 102,866,667 among the Plaintiff; (b) from June 8, 2018; and (c) KRW 5,204.
Reasons
1. Determination as to the claim against Defendant B
A. Facts of recognition 1) The Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”).
(2) On August 23, 2017, the Plaintiff entered into a contract (including value-added tax) under which the Plaintiff would produce and deliver the automatic dunes production goods, etc. to the said Defendant (hereinafter “instant contract for the supply of facilities”).
(2) The Defendant B entered into the instant facility supply contract, and the Plaintiff agreed to pay the remainder of KRW 176 million (including value-added tax) in installments for six months from the time when the Plaintiff completed the trial operation by installing a production retailer, etc. in the Defendant’s factory.
3) Of the facilities to be supplied under the instant contract for the supply of the instant facilities, the Plaintiff produced and supplied all the remainder of the facilities excluding “IGra (1,800 x 2,400 x 2,400 x hereinafter referred to as “the product transferred for automatic cutting”). The contract amount for the items not produced by the Plaintiff due to conflict of opinions between the Plaintiff and Defendant B is 29,133,333 won (including value-added tax). 4) On December 1, 2017, the Plaintiff installed a glass production store, etc. produced by the Plaintiff at the place designated by Defendant B, and received a confirmation from the said Defendant on December 7, 2017.
5) Defendant B paid KRW 20,00,000 among the construction cost of KRW 322,866,667 regarding the facilities that the Plaintiff manufactured and supplied (= KRW 352,00,000 - KRW 29,13,333) and voluntarily recognizes that the Plaintiff was unable to pay the remainder of KRW 102,86,667. Meanwhile, at Defendant B’s request, the Plaintiff paid the repair of the machinery that the said Defendant operated and was not paid until August 31, 2018. Defendant B paid KRW 7,204,110 among the service cost of September 5, 2018. Defendant B did not pay KRW 2,00,000 among the service cost of KRW 5,204,110.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 3, 6 through 9, and the purport of the whole pleadings
(b)with respect to the cause of the claim;