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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. On April 17, 2017, the Plaintiff entered into a contract with the Defendant as an enterprise to be assembled in line with the payment period, on the receipt of orders from C Co., Ltd. for the D equipment 7 units, five units of E equipment units on April 26, 2017, FF,G 17 units, and total 29 units of equipment units on August 8, 2017.
The contract on May 17, 2017 (hereinafter referred to as the "first contract") - Equipment D 6HED STS SETM assembly (7 units) - Contract price (1 unit price) 12,50,000 won (VT separate), total (7 units) 87,500,000 won (VAT separate), and the contract on June 27, 2017 (hereinafter referred to as the "second contract") - Equipment E- within the scope of the contract ENC 6HASSTSTSTM Organization assembly (5 units) - Contract price (1 unit price) 16,00,000,00 (5 units), the Defendant demanded an increase of contract price after the work under the first contract, and the Plaintiff accepted the demand of the Defendant to pay the total of KRW 13,50,500,000 (5 units) and the total of KRW 280,500,000 (5th increase) and KRW 2710,5005.7.20
(A) On August 16, 2017, the Defendant sent to the Plaintiff e-mail to the effect that the Defendant would not continue to work any more unless the contract amount is increased by at least 20,000,000 won per unit due to the increase in the production cost, as it is different from the contract amount due to the increase in the production cost due to the revision of drawings, the 2, and the 3-time reworking due to the material input, etc. while the Defendant was proceeding with the primary and secondary contracts. On August 18, 2017, the Defendant sent to the Plaintiff e-mail to the effect that the Plaintiff could no longer work if the contract amount is increased by at least 20,00,000 won per unit due to the increase in production cost.
The plaintiff did not comply with this, and the defendant suspended work and accepted it.
The defendant accepted the above dispute against the plaintiff as unfair subcontract transaction act (2018. Korean Fair Trade Commission). The Fair Trade Commission around August 29, 2018.