물품대금
1. The Defendant (Counterclaim Plaintiff) is simultaneously with the delivery of thorium 235,006 km from the Plaintiff (Counterclaim Defendant).
1. Basic facts
A. The Plaintiff is a stock company that runs the business of manufacturing and selling plastic charcoal, and the Defendant is a stock company that manufactures and sells construction materials.
B. On September 2018, the Plaintiff concluded a product supply contract with the Defendant on October 31, 2018 (hereinafter “instant contract”) with regard to the production of fluium 600 tons (based on standard 2 km, 300,000 fluium 300,000 fluium; hereinafter “all fluiums”) used in heating for the Defendant’s treatment for the purpose of life of concrete. The Plaintiff made a verbal agreement with the Defendant to supply it to the Defendant. The main contents are as follows.
The delivery quantity of a product supply contract: The supply unit price of approximately 600 tons ( KRW 300,000 cubic kilogramic 300,000) from October 2018 to January 2019: 2,830 won per sealed paper (excluding gambling and value-added tax, and the upper limit) total amount of KRW 849,000,000 won (by gambling): the down payment and the intermediate payment (30,000 won) shall be paid as follows:
- The remainder on October 5, 2018 - KRW 150 million - KRW 100,000 on November 20, 2018 - KRW 50,000 on December 5, 2018 - the remainder on January 31, 2019 shall be cash settlement and cash settlement at the time of completion of production of contract quantity.
C. For the performance of the instant contract, from October 11, 2018 to December 17, 2018, the Plaintiff was supplied with 310,50 won per unit price (including value-added tax) from C at KRW 253 per unit price. On November 19, 2018 and December 6, 2018, 5,970 from D Co., Ltd. to pack C’s salary bars at KRW 781 per unit price (including value-added tax).
From October 12, 2018, the Plaintiff produced 340,00 kilograms (340 tons, 170,000 wings) to the Defendant on December 2, 2018, and supplied the Defendant with aggregate of 64,94km (32,497 wings) from October 12, 2018 to December 4, 2018.
E. On December 2018, the Defendant requested the Plaintiff to reduce the supply volume under the instant contract to 300 tons (150,000 tons). The Plaintiff consented thereto.