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(영문) 수원지방법원성남지원 2015.10.07 2013가합504

물품대금

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 217,800,000 to the Plaintiff (Counterclaim Defendant) and its amount from December 9, 2012 to October 7, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that imports and sells construction materials, processed production, and related machinery, and the Defendant is a company that engages in the business of manufacturing multi-story glass.

B. On November 9, 2011, the Plaintiff entered into a sales contract with the Defendant on the following terms: (a) the Plaintiff sold LIDU GALS MAS MAS MAS MAAVINFINE MAE 1 sets (hereinafter “domestic machinery of this case”) to the Defendant:

Article 1. Scope of Contracts: Contract Amount under Article 2 of Korean Machines of this case: Cash Settlement Conditions under Article 3: 118,00,000 (Separate Value-Added Tax): 30%: players contract amount under the contract amount: - 50% - 64,900,000 won - 30 days after the contract amount under the contract - 20% - 25,960,000 won - 25,960,000 won - 60 days after the conclusion of the contract after the completion of the contract (including value-added tax): 60 days after the conclusion of the contract: Provision of convenience under Article 6 for 12 months after the shipment (excluding failure due to failure due to failure due to care and manipulation by users: Defendant shall provide technical assistance for board and lodging and installation process, personnel support.

According to the above sales contract, the Defendant paid to the Plaintiff KRW 38,940,00 on December 13, 201, and KRW 64,90,00 on January 31, 2012, and KRW 25,960,00 on April 27, 2012, which was subsequent to the delivery of domestic machinery of this case, and paid KRW 118,00,000 on the above sales price and KRW 11,800,000 on the value-added tax thereon. The Plaintiff installed the domestic machinery of this case in a factory operated by the Defendant on March 12, 2012.

C. On May 9, 2012, the Plaintiff entered into a sales contract with the Defendant for the sale of ENAVININT 2.09 1 feet (hereinafter “instant solar machinery”) to the Defendant on the following terms:

Article 1. Scope of Contracts: Contract Amount under Article 2 of the Egyptian Machines: 198.