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(영문) 인천지방법원 부천지원 2018.05.30 2016가단11259

설비제작대금등

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 42,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from May 12, 2016 to May 30, 2018.

Reasons

1.The following facts shall have no dispute between the parties:

On or around October 29, 2015, the Plaintiff made a place (hereinafter referred to as “instant contract”) designated by the Defendant (hereinafter referred to as “instant contract”) that is to be delivered by the Defendant at KRW 60,000 (excluding value-added tax) for the robot system 1 and/or 1 consortium : from October 29, 2015, and received KRW 24,000,000 as the down payment from the Defendant on October 30, 2015. - Within 30% of the remainder of the order for the second trial operation (the first trial operation, China, depth factory (MM factory): 1: 20,000,000 won and the remainder of the order for the second trial operation (the remainder of the order for delay) - 10,000,000 won and the remainder of the order for the second trial operation (the remainder of the 20,000,000 won and the remainder of the order for delay) from October 29, 2015, 2015.

2. Summary of the parties' arguments;

A. The Plaintiff manufactured and supplied the instant goods in accordance with the instant contract as the cause for the principal claim. Since the additional production cost was required in KRW 1,485,00,000, the Plaintiff sought payment of KRW 24,000,000, which was already paid at KRW 67,485,000 in total, to the Defendant.

B. As the cause of the counterclaim, the Defendant delayed the supply of the instant goods, and there was a defect in the goods supplied, and the purpose of the instant contract cannot be achieved due to the defect in the instant goods, the Defendant cancelled the instant contract, and sought payment of KRW 61,080,00,00 in total, including the down payment of KRW 24,000,000 already paid to the Defendant, and the delayed payment of KRW 37,080,000,000 for delay due to the delay in the supply of the instant goods (= KRW 600,000 X 206 X 3/100).

3. As to the delivery time of the instant goods prior to the delivery time of the instant goods.