해약금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts can be acknowledged in light of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 to 6 of the basic facts.
On April 10, 2012, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of fertilizers of KRW 120 million (hereinafter “instant machinery”) with the following content (hereinafter “instant contract”), and paid down payment of KRW 36 million to the Defendant on the 16th of the same month, when entering into the contract for the manufacture and supply of fertilizers of KRW 120 million (hereinafter “instant machinery”).
● 제1조(계약품목 및 규격, 수량): 연합기(맥반석, 숯 및 목초액 등 비료의 원료를 혼합하는 기계로서 혼합기라고도 하는데, 이하 ‘이 사건 연합기’라 한다), 건조기(혼합된 비료를 건조하는 기계인데, 이하 ‘이 사건 건조기’라 한다), 펠렛기, 통, 개근장치 각 1개. ● 제2조(제작기간): 2012. 6. 20.까지 원고가 지정하는 장소에 설치 후 시운전한다.
Electric facilities shall be on the responsibility of the plaintiff.
Where the payment is not made until the above date, the amount of delayed compensation shall be deducted at the rate of 1/100 per day.
Provided, That the date of manufacture and delivery may be extended under mutual agreement by both parties in extenuating circumstances, such as natural disasters, changes in design, etc.
Article 3 (Conditions for Payment of Price for Goods): Total contract amount of KRW 120 million: KRW 36 million (Effective after payment of contract deposit): The intermediate payment of KRW 48 million: The balance shall be paid in full immediately when there is no problem after installation and operation of cost of KRW 36 million.
B. The Plaintiff, from the Defendant, to the fertilizer production plant located in Macheon-si C, and to the instant combined police officer on July 2012, the same year.
8. On September 17, 2012, after being supplied with each of the instant drying machines to the Defendant, the Plaintiff called to the Defendant on September 17, 2012, and alleged that the Plaintiff discovered the defects of the instant combined machines and drying machines while the Plaintiff transferred the instant machines to a third party purchaser and intended to take over the relevant large-level payment obligations, and the mid- and long-term motherer exchanged from the Defendant.