채무부존재확인 등
1. The plaintiff (Counterclaim defendant) seeks confirmation of the absence of ownership against the defendant (Counterclaim plaintiff) among the principal lawsuit of this case.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 24, 2012, the Plaintiff entered into a contract to supply, install, and run the MGH60 MIN LINE equipment (hereinafter “instant equipment”) at a place designated by the head of the East Asia, setting the contract amount of KRW 280,00,000 (excluding value-added tax) and the same normal price of KRW 280,00 (excluding value-added tax) as of February 15, 2013.
B. Meanwhile, on September 24, 2012, the Plaintiff and the Defendant concluded a contract with the Defendant to manufacture and supply the instant equipment to the Plaintiff (hereinafter “instant contract”) by determining the contract amount as KRW 200,000,000 (excluding value-added tax). Of the instant contract, the content relating to the instant lawsuit is as follows.
Article 1 (Payment Period) (1) In cases where the payment period of the contract was delayed without justifiable grounds, the defendant shall pay to the plaintiff an amount equivalent to 3/100 of the contract price per day for the delayed days with compensation for delay.
(Provided, That the total repayment amount shall not exceed 10% of the contract amount). Article 9 (Methods of Payment for Construction Costs). ① 60,000,000 won for down payment (30%) ② intermediate payment of KRW 80,000 (40%) (40%) for intermediate payment of KRW 80,000 for intermediate payment of KRW 80,000 (1) (30%) for the remainder of KRW 60,000 (30%) for one year after the completion of the operation of the construction project, and the Defendant shall guarantee the performance for one year after the completion of the operation of the construction project, and shall gratuitously repair and replace for the defects caused by the manufacturing defects not attributable to the Plaintiff during the guarantee period.
(2) Where the Plaintiff deems it necessary, the Defendant shall submit to the Plaintiff a warranty insurance policy of an amount equivalent to 10% of the contract price.
Article 11 (Inspection and Delivery) (2) The defendant shall deliver goods to the place designated by the plaintiff, pass an inspection by the tallyman designated by the plaintiff, and the supply shall be completed only with the approval of the plaintiff that there is no error in the construction trial.