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Reasons
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(영문) 대구지방법원포항지원 2015.12.22 2014가단301077
공사대금
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1. The Defendant (Counterclaim Plaintiff) paid KRW 40,637,511 to the Plaintiff (Counterclaim Defendant) and its related amount from April 10, 2014 to December 22, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that runs the business of manufacturing and processing general industrial machinery parts, and the Defendant is a company that runs the business of manufacturing and selling transportation machinery, industrial machinery, and plant steel structures.

B. On April 30, 2013, the Plaintiff: (a) from the Defendant: (b) 452,980,000 won (including value added tax) and the contract period from April 30, 2013 to the third subdivision of the scocobrop Cream equipment (hereinafter “instant construction”); (c) that the Defendant contracted from the scopox (hereinafter “scopex”); and (d) from the Defendant’s contract period to the same year.

7. As until 15. The sewage level was determined and completed.

Modification of Packing Method for Additional Construction 20,339,715 won 8,572,452 V purchase 8,905,319 won 37,817,486 won (Additional Tax Map)

C. During the instant construction project, the Plaintiff paid the following expenses due to the change in the Defendant’s drawings and packing methods (hereinafter “instant additional construction”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, witness Gap's testimony, purport of whole pleadings

2. The parties' assertion;

A. The Plaintiff and the Defendant agreed to settle the instant additional construction cost of KRW 41,59,230 (including surtax; hereinafter the same shall apply). As such, the Defendant shall pay the said amount to the Plaintiff.

B. Defendant 1) The Plaintiff and the Defendant agreed to settle the instant additional construction cost with the amount recognized by the Defendant by claiming for the franchise, and thus, the Defendant’s additional construction cost to be paid to the Plaintiff is nothing more than KRW 12,868,208, which is recognized by the Poco franchise. 2) The Plaintiff caused the following damages to the Defendant due to the defects in the instant construction work executed by the Plaintiff.

(1) 22,908,228 won due to any defect that mistakenly constructed the direction of the pattern of the Ex-Met.

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