(영문) 수원지방법원성남지원 2015.10.13 2014가단13081

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(영문) 수원지방법원성남지원 2015.10.13 2014가단13081

공사대금

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1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 54,612,00 and its amount from February 28, 2015.

Reasons

The main lawsuit and counterclaim are also finite.

1. Facts of recognition;

A. On December 18, 2012, the Plaintiff entered into a contract with the Defendants to install the kimchi manufacturing facilities (hereinafter “production facilities of kimchi in this case”) with the amount of KRW 128.7 million (including value-added tax) and the construction period from December 18, 2012 to March 15, 2013.

(hereinafter “instant establishment contract”). (b)

On August 2013, the Plaintiff supplied the Defendants with the kimchi manufacturing facilities under the instant installation contract. The Defendants provided the Plaintiff a total of KRW 59 million from January 31, 2013 to August 14, 2013.

On the other hand, on August 13, 2013, the Plaintiff and the Defendants agreed to exclude the washing machines and metal displayers from the manufacturing facilities of the instant kimchi, and to deduct 15,08,000 won, which is equivalent to the price, from the price of the relevant kimchi manufacturing facilities.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-6 and the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in Paragraph (1) above, the defendants are jointly and severally liable to pay to the plaintiff the amount of KRW 54,612,00 [the amount of KRW 12,870,00 according to the establishment agreement of this case - KRW 15,088,00,00 for the washing machine and metal-exploiting machine - the amount of KRW 59,000,000 paid by the defendants] as to the claims of this case concerning the claims of this case and the change of the grounds for the claims of this case from February 28, 2015 to the date of full payment].

Therefore, the plaintiff's claim of this case is justified.

B. The Defendants asserted that the judgment on the counterclaim by the Defendants is as follows.

In other words, since the plaintiff did not interfere with the trial operation of the kimchi manufacturing facilities of this case, the defendants did not properly operate the kimchi manufacturing facilities of this case as a result of trial operation.

In addition, the kimchi manufacturing facilities of this case.

참조조문

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