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The judgment of the court of first instance, including a claim for an additional or modified counter-claim at the trial, shall be modified as follows:
Reasons
1. On March 31, 2010, the Plaintiff entered into a contract with the Defendant to install the solar system for each of the above ground buildings (hereinafter “instant building”) at KRW 43,424,00 (hereinafter “instant construction contract”) and completed the construction on or around September 9, 2010. The fact that the Defendant paid the Plaintiff KRW 41,424,00 among the construction price that the Plaintiff paid KRW 41,424,00 to the Plaintiff does not conflict.
Thus, the defendant is obligated to pay 2 million won to the plaintiff.
The plaintiff also claims damages for delay against the plaintiff, but when there is a defect in the completed object in the contract, the contractor may claim compensation for the defect against the contractor in lieu of or together with the repair of the defect (see, e.g., Supreme Court Decision 96Da7250, 7267, Jul. 12, 1996). These claims are in a concurrent performance relationship with the contractor's claim for the construction price (see, e.g., Supreme Court Decision 96Da7250, 7267, Jul. 12, 1996). As examined below, the claim for damages in lieu of the defect repair against the plaintiff is recognized, and this is in a concurrent performance relationship with the plaintiff's claim for the
2. Judgment on the counterclaim
A. The solar heat system established in the building of this case of basic facts is rare.
The fact, which is a system in the form of transportation, is dar.
The method of transport is the method of recovering heat media transporting heat from the machine room in cases where heat is no longer required to be reduced in the heat tank due to sufficient solar heat. The solar heat system of the building of this case installed by the Plaintiff is the station of pipe exhaust, so it is installed that the heat media of the heat source is naturally falling and it is not recovered from the sloping tank. Accordingly, the solar heat system of the building of this case is the structure of the building of this case.