기계제작대금등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On December 13, 2013, the Plaintiff and the Defendant entered into a contract with the Plaintiff to manufacture coal storage and crushing machinery (hereinafter “instant machinery”) at KRW 300 million of the contract amount and supply it to the Defendant (hereinafter “instant contract”). The terms of the contract related to the instant case are as follows.
Contract period: The completion of installation - the completion of examination within 80 days from the date of deposit of down payment - the payment of down payment - the down payment of KRW 90 million - the balance of KRW 120 million - the payment of KRW 90 million (after passing the examination by the defendant after the completion of production) - the payment of delayed payment of KRW 90 million (after passing the examination by the defendant for the completion of installation and trial operation and the receipt of defective performance securities): The payment of the amount equivalent to 1/1000 of the contract amount for each one day when the plaintiff delays the completion of construction due to reasons other than force majeure.
The Defendant paid the Plaintiff KRW 30 million as down payment, December 13, 2013, and KRW 60 million as of January 2, 2014, and KRW 50 million as part of part of intermediate payment, the same year.
3. 12.50 million won was paid.
On March 27, 2014, the Plaintiff sent to the Defendant a certificate of content such as requesting payment of 90% of the price at the time of mechanical trial without any error due to mechanical driving, indicating the grounds for delaying the production period of the Plaintiff (payment delay of contract deposit, death of the Plaintiff’s mother) and interference with the Defendant’s factory captain.
On April 16, 2014, the Defendant sent to the Plaintiff a certificate of content that the contract will be deemed to have been rescinded if the installation was not completed within seven days from the time when the content certificate was served while indicating the delay in installation.
On April 17, 2014, the Plaintiff and the Defendant agreed to extend the installation period again to the arbitration of Nonparty B.
On April 28, 2014, the Plaintiff carried out the installation work with the production facility as the Defendant’s factory.
The defendant on April 28, 2014, the remaining intermediate payments of KRW 20 million, and 5.