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1. The Defendant (Counterclaim Plaintiff) paid KRW 255,375,892 to the Plaintiff (Counterclaim Defendant) and its related amount from November 9, 2016 to May 20, 2019.
Reasons
Facts of recognition
A. The Defendant was awarded a contract for E-test equipment and F-test equipment manufacturing works ordered by C-university Industry Cooperation Foundation D-Research Institute (hereinafter “instant construction works”), and subcontracted to the Defendant as follows:
1) On March 21, 2014, E testing equipment (hereinafter “instant E equipment”)
(2) A subcontract for production: A subcontract for the production of F-test equipment as of March 24, 2014 (hereinafter referred to as “instant F-equipment”): the construction cost of KRW 800,000,000; the construction period of KRW 580,000,000; and the period of construction from March 21, 2014 to September 30, 2014: From March 21, 2014 to September 30, 2014; and
B. On June 18, 2014, the Plaintiff and the Defendant concluded a contract with each of the following terms: (a) the construction cost for the instant subcontract for the E-project; (b) the construction period from March 21, 2014 to October 10, 2014; (c) the construction cost for the instant F project subcontract was KRW 810,000,000; and (d) the construction period was extended from March 21, 2014 to October 10, 2014 (hereinafter “instant contract”).
C. Around March 17, 2016, the Plaintiff completed all the work under the instant contract, including the manufacture of each of the instant facilities, and the Defendant paid the Plaintiff KRW 1,023,000,000 as the construction price, up to March 18, 2016.
(A) [Reasons for Recognition] / [Evidence A] 1 to 4, each entry of Gap evidence 1 to 8, and argument of the parties to the whole pleadings.
A. The Plaintiff’s assertion (principal suit) is obligated to pay the Plaintiff the remainder of KRW 25,375,892, which remains after deducting the total of KRW 151,624,108 of the cost of defect repair from KRW 620,00,000 (= KRW 810,000,000 - KRW 1,023,00,000).
B. The cost of repairing defects of the instant construction ought to be calculated based on the defect repair drawings approved by the ordering office. Therefore, according to the appraiser G G’s appraisal result as of August 1, 2018, the cost of repairing defects of the instant construction is assessed.