기계제작 대금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.
2. Of the costs of lawsuit.
1. Basic facts
A. The Plaintiff is a person engaged in manufacturing, wholesale, etc. of machinery and equipment under the trade name of “C,” and the Defendant is a company with the purpose of manufacturing, repairing, and selling machinery.
B. On February 28, 2017, Nonparty D Co., Ltd. (hereinafter “D”) entered into a contract with the Defendant for mechanical production with the content that the Defendant would produce the machine (hereinafter “instant printing machine”) by receiving KRW 197,00,000 (value added tax separate) from D.
Around March 27, 2017, the Defendant entered into a contract for manufacturing machinery (hereinafter “instant contract”) with the Plaintiff to produce a 119,000,000 won (value-added tax separate) price from the Defendant, and entered into a contract for manufacturing electric control devices, etc. to be attached to the printing machine (hereinafter “the printing machine”). The Defendant entered into a contract with Nonparty E Co., Ltd. (hereinafter “E”).
At this time, the main contents of the contract made between the plaintiff and the defendant are as follows.
(hereinafter “A” refers to the Defendant; “B” refers to the Plaintiff; “B” refers to the Plaintiff. Article 3 of the payment period must complete the storage of the object of a contract under Article 1 at the place designated by “A” by May 10, 2017 after entering into a contract.
(PNT installation and trial completion date) Section 7 (1) A shall pay to B in cash the amount equivalent to 10% of the contract amount as the down payment after the conclusion of this contract the amount equivalent to 35,700,000 won of the contract amount (Won 35,70,000 won, additional tax rate) within 30 days after the contract is made.
(2) The intermediate payment shall pay to B in cash not more than 30 days the amount equivalent to 40% of the total sum of 40% after the first examination of the facility (Won value: 47,600,000, value of supply).
(3) The balance shall be paid to B within 30 days of 30% of the contract amount after the establishment of the PNT, in the amount equal to 30% of the contract amount (value: 35,700,000,000 won, and value-added tax).