손해배상(기)
1.The judgment of the first instance shall be modified as follows:
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 46,977,721.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The pertinent Plaintiff of the parties, etc. is a company aimed at manufacturing and wholesale and retail business of cosmetics, manufacturing and wholesale and retail business of packaging machinery, and the Defendant is a company that aims at manufacturing automation facilities, manufacturing cosmetics packing machinery, etc., and the Defendant’s representative director C has worked at the Plaintiff Company.
(b)The Plaintiff (hereinafter referred to as “A”) and the Defendant (hereinafter referred to as “B”) for the mechanical buyer (hereinafter referred to as “the machinery buyer”) of the machinery contract for the manufacture, delivery (manufacture) of 2 sets of packaging machines shall enter into a contract for the mechanical installation (manufacture) between them as follows:
Article 2 [Construction] Contract Name: BLIS PACKGING MCHINE contract amount: 2SE contract amount: The delivery place (excluding value-added tax, and settlement in the case of balance) of 883,767,780 won per day: D payment method, the place where “A” is supplied for the last time: 40% of the down payment, the intermediate payment 30%, the remainder 30%: July 31, 2014: Article 3 [Sales Amount]
1.The total amount of the purchase price of this machine shall be KRW 883,767,780 (excluding value added tax) daily deposit in the account of “B” in accordance with the following methods of payment:
1) Contract deposit: 353,507,112 won, 40% payment at the time of concluding a contract: 265,130,334 won, and 30% payment within 30 days after concluding a contract: 265,130,334 won, and 30% payment within 60 days after concluding a contract;
3.No overdue compensation of 3/100 per day shall accrue to the amount payable from the date of delinquency in the payment under paragraph 1.
Article 6 (Quality Guarantee) "B" shall conduct free quality assurance for one year from the date of delivery of machinery.
In addition, the expenses for parts, etc. for two years after the lapse of one year shall be settled at actual expenses, and the expenses for the repair of business trips, etc. shall be calculated separately.
Provided, That even if the quality guarantee period is the free quality guarantee period, it shall not be applied to any breakdown caused by the obvious gross negligence of the user of the machinery.
1. On June 16, 2014, the Plaintiff made two sets of packaging machines between the Defendant and the Defendant as follows: