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(영문) 인천지방법원부천지원 2017.08.30 2016가합102312

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 22,275,00 to the Plaintiff (Counterclaim Defendant) for KRW 22,275,00 and for this, from February 25, 2016 to August 30, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On September 14, 2012, the Plaintiff entered into a contract with B to make and supply the pipe production facilities (hereinafter “instant control facilities”) for the Hemer CD, with the Plaintiff as “A Asian factory of Thailand” at the place of delivery. The Plaintiff entered into a contract with B to set the price of KRW 4,500,000,000 for the instant control facilities (hereinafter “instant control facilities”), January 20, 2013, the delivery date, and the place of delivery as “A Asian factory of Thailand”).

B. Thereafter, on November 19, 2013, the Plaintiff, B, and the Defendant agreed as follows:

(hereinafter referred to as “instant supplementary agreement”). Supplementary agreements on the transfer of lighting equipment

1. Title: Transfer of control facilities of this case;

2. Transfer of ordering enterprise: The final buyer of the instant steering equipment produced by the Plaintiff in the order of the Company B shall be the defendant.

3. Existing contracts shall be maintained, but the matters specified in this Agreement shall have legal priority.

In other words, this article takes precedence over the following matters:

3-1) 30% of the down payment already paid, i.e., the down payment from the Defendant to B, i.e., the intermediate payment and the balance, excluding 30% of the down payment already paid, out of the total down payment, shall be paid from the Defendant to the Plaintiff.

Provided, That part payments (the change from 60 per cent to 5 per cent), balance (10 per cent to 15 per cent) shall be changed.

3-3) The rights of “A” in the existing contract are the Defendant. 3-4) The period of free A/S of equipment under Article 9(A/S)(1) of the existing contract shall be one year.

Provided, That one year after the establishment of a facility transfer center is approved.

C. On the same day, the Plaintiff supplied the instant steering facility to the Defendant and the instant steering facility at KRW 283.5 million (Additional tax separate), but concluded a contract to pay the down payment (85%) within seven days after the date of signing the contract, and the remainder (15%) within ten days after the completion of the trial operation.

hereinafter referred to as the "instant contract"

D. On November 19, 2013, according to the instant supplementary agreement and the instant agreement, the Defendant paid KRW 121.5 million to the Plaintiff on November 22, 2013, and KRW 222.75 million to the Plaintiff on November 22, 2013, and the Company B paid KRW 121.5 million to the Plaintiff.

(e).