물품대금
1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) shall be revoked, and the part against which the judgment of the court of first instance has been rejected.
A principal lawsuit and a counterclaim shall also be deemed to have been filed.
1. The parties' assertion
A. The Plaintiff’s summary of the Plaintiff’s assertion was requested by the Defendant to produce hydrotension 5 punishments through the e-mail dated August 30, 2012.
The Plaintiff consulted with the Defendant on the basis of the written estimate dated September 5, 2012 (hereinafter referred to as “the first written estimate”). On September 17, 2012, the Plaintiff produced the penalty of KRW 52 million between the Defendant and the Defendant on the basis of the written estimate (hereinafter referred to as “the first written estimate”), and the Plaintiff was paid KRW 10 million among them by the method of raising the amount to KRW 10 million when being requested to manufacture other companies after 5-6 months from the Defendant, and the remaining KRW 42 million was to be paid in installments until December 30, 2012 when the production of the penalty of KRW 5 million is completed.
(hereinafter “First Agreement”). After that, the Defendant received a request from the Defendant for additional production of gold 1 punishment and modification of existing gold 2 punishment through e-mail as of September 24, 2012.
The Plaintiff consulted with the Defendant on the basis of the written estimate (hereinafter referred to as “the second written estimate”) dated September 28, 2012, and thereafter, the additional process cost is KRW 12 million between the Defendant and the Defendant on September 29, 2012. The method of payment is, like the method of payment of KRW 10 million agreed upon at the time of the first contract, paid in the manner of raising the amount to KRW 12 million when requesting the production of other company after 5-6 months from the Defendant. However, the period of payment for the production was extended on March 30, 2013 in consideration of the additional process.
(hereinafter “Secondary Contract”). In short, around September 2012, the Plaintiff produced a penalty of KRW 64 million between the Defendant and the Defendant by March 30, 2013, and received a penalty of KRW 42 million in the production cost until December 30, 2012; and the remainder of KRW 22 million in the production cost by December 30, 2012 from the Defendant upon request of the Defendant for the manufacture of another company after the production of another company.
(hereinafter “instant contract.” The Plaintiff has completed the penalty of 3 punishment in accordance with the instant contract, and has produced the remaining penalty of 85%.