물품대금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. In the first instance court’s trial scope, the Plaintiff as the principal lawsuit, filed a claim for the contract price of KRW 290,000 against the Defendant, and the Defendant, as the counterclaim, filed a claim for the delayed payment of KRW 826,50,000 against the Plaintiff, and the claim for damages arising from the delay in performance of KRW 155,259,60. The court of first instance partly accepted the claim for the delayed payment among the Defendant’s counterclaim and dismissed the Plaintiff’s claim for the principal lawsuit and the claim for damages arising from the delay in performance among the Defendant’s counterclaims.
Accordingly, the Plaintiff only appealed against the part on the principal lawsuit of the first instance judgment and the part on the counterclaim against the Plaintiff. As such, the actual subject of the judgment of this court is limited to the part on the principal lawsuit of the first instance judgment and the part on the counterclaim against the Plaintiff, which is the part on the claim for delay compensation, which is the part on the counterclaim against the
2. Basic facts
A. The Plaintiff, as a party, is a company that runs the main product manufacturing and sales business (former trade name: the Plaintiff was changed to the current trade name on May 2, 2014) and the Defendant is a company that runs export and import business and export agency business.
B. (1) On April 5, 2012, the Plaintiff entered into a contract between the Plaintiff and the Defendant, etc., refers to a series of machinery and equipment which combines a series of processes that pressure the rubber, etc. into the top of a specific thickness in order to produce rubber from the Defendant. (hereinafter “instant product”).
(2) production and installation in the local area of C, and subsequent inspection, trial operation, education, etc. (hereinafter collectively referred to as “competing operations”).
2) The Defendant’s contract amount of KRW 2,900,000 (15%) is the Defendant’s contract amount of KRW 435,00,000 (15%) and the intermediate payment of KRW 2,175,00,000 after the shipment of the product, and the remainder when 18 months have elapsed after the shipment of the product, 290,000.