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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the Defendants and the Defendant (Counterclaim Plaintiff) B are dismissed.
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus cite it as it is in accordance with the main sentence of Article 420 of the
2. Determination on the main claim
A. The plaintiff asserted that the construction work in this case was contracted by the defendants, and the construction work in this case was not paid KRW 93,848,00 among the construction cost, and the defendants are liable to pay the above construction cost and the delay damages to the plaintiff.
B. The Plaintiff received a contract for the instant shipbuilding work from Defendant B on September 2016 and performed the said construction work from September 20, 2016 to December 26, 2016; the Plaintiff’s construction cost that was not yet paid from Defendant B was 93,848,000, as seen earlier.
Therefore, unless there are special circumstances, Defendant B is obliged to pay the said construction cost of KRW 93,848,00 and delay damages to the Plaintiff.
As the plaintiff suffered from the defect while performing the construction work in this case, the defendant B asserted that the damage claim in lieu of the defect repair would be offset against the equivalent amount of the above construction cost claim.
As seen earlier, the Plaintiff had a claim for construction cost of KRW 93,848,00 against Defendant B, and the Defendant B had a claim for damages in lieu of the defect repair of KRW 97,096,320 against the Plaintiff. Each of the above claims becomes due and due around December, 2016, which was around the time when the instant provisional construction was completed, and Defendant B’s counterclaim, stating that the claim for construction cost was set off against the Plaintiff on April 13, 2018, is clear in the record.
The Plaintiff’s claim for construction cost against Defendant B is set off against Defendant B’s damage claim against the Plaintiff on the date of set-off.