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(영문) 의정부지방법원 2019.03.07 2016가단119694

손해배상(기)

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1. The Plaintiff (Counterclaim Defendant) paid KRW 21,117,540 to the Defendant (Counterclaim Plaintiff) and its related amount from October 21, 2016 to March 7, 2019.

Reasons

Basic facts (common to main office and counterclaim)

A. The Plaintiff is a company that operates a non-metallic materials processing business, etc., and the Defendant is a company that manufactures and supplies waste treatment machinery.

B. On September 14, 2015, the Plaintiff entered into a contract with the Defendant to be installed in the amount of KRW 561,00,000 (including value-added tax) as stated in the attached Form, as indicated in the drawings, and agreed to add some facilities and change the price and payment period, while increasing the price of KRW 11,00,000 (including value-added tax) on November 30, 201, and the main contents are as follows:

(A) The Plaintiff and the Defendant agreed to install and supply the foregoing contract (hereinafter “instant contract”) and the equipment that the Defendant agreed to install and supply as above. On September 14, 2015, 2015, the method of paying the date (excluding value-added tax) and delivering objects: 190,000,000 won: 20,000 won ancillary facilities manufacturing and installing ancillary facilities: KRW 100,000: 10,000 won (payment of the down payment) [The down payment] 50,000 won: The remainder payment after the completion of installation of all facilities: The Defendant delivers the residual scrap equipment to the Plaintiff by September 23, 2015, and the remainder shall be delivered to the Plaintiff by 30,000 won until November 30, 2015, through the bank note. < Amended by Act No. 13315, Jan. 15, 2015; Act No. 133730, Jan. 30, 2015>

C. On September 20, 2015, the Defendant completed the delivery of scrap scrapers under the instant contract to the Plaintiff.

However, there was a delay in the installation of remaining facilities on the ground that the plaintiff did not obtain the relevant authorization or permission as to the supply of remaining facilities, such as mination equipment.

E. Ultimately, on February 2016, the Defendant completed the installation of the remaining facilities according to the instant contract.

F. Meanwhile, the Plaintiff’s machines and equipment under the instant contract.