1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

1. Summary of the parties’ assertion

A. On June 18, 2014, the Plaintiff’s summary of the Plaintiff’s assertion and the Defendant concluded a contract on June 18, 2014, under which the Plaintiff entered into a contract with the Plaintiff to install a system control over the Defendant’s company’s company’s company’

(hereinafter “instant contract”). The Plaintiff completed the construction work under the instant contract on or around February 2015, and the Defendant has used the air-conditioner up to now.

However, since the defendant has not yet paid KRW 3,201,00 among the proceeds under the contract of this case, the plaintiff filed the lawsuit of this case in order to pay the above KRW 3,201,000 and the delay damages therefor.

B. As specified in the contract of this case (Evidence A) by the Defendant, the contract of this case is a contract to install air conditioners operated by wire conditioners.

However, air conditioners installed by the Plaintiff are not air conditioners operated by air conditioners, and therefore, the Plaintiff could not respond to the Plaintiff’s request because they failed to perform the contract.

In addition, since construction cost equivalent to KRW 40,391,481 is required to install air conditioners operated by wire conditioners according to the contract of this case, the plaintiff is obligated to pay the defendant the above damage compensation amounting to KRW 40,391,481 as a result of the non-performance of the contract of this case and delay damages.

2. Judgment on the plaintiff's main claim

A. The instant contract is one of the types of contracts stipulated in the Civil Act under a contract under which the Plaintiff agreed to complete the installation of air conditioners and the Defendant, the other party, agreed to pay remuneration therefor.

If so, the plaintiff can complete all the business under the contract of this case and claim the full amount of the agreed remuneration.

(see Article 665(1) of the Civil Act). (b)

However, the plaintiff and the defendant agreed to establish air conditioners operated by wire conditioners in the contract of this case, notwithstanding the fact.