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(영문) 서울중앙지방법원 2017.05.11 2015가단5354462

손해배상청구 등

Text

1. On January 26, 2015, the Defendant (Counterclaim Plaintiff) paid KRW 153,00,000 to the Plaintiff (Counterclaim Defendant) and KRW 46,00,000 among them. < Amended by Act No. 1300, Jan. 26, 2015>

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On January 22, 2015, the Plaintiff’s business of manufacturing, installing, and selling artificial fishing banks, etc. is the instant contract between the Defendant and the Defendant, which is the business of manufacturing, installing, and selling exhausters, etc., and between the Plaintiff and the Defendant, who is the business of manufacturing, installing, and selling artificial fishing banks, etc., and the Plaintiff’s mobile concrete distribution plant for manufacturing “the artificial fishing banks using multi-quality concrete to be supplied to the Republic of Korea (the Administrator of the Busan Local Public Procurement Service)” as the total price of KRW 230,00,000 (excluding value-added tax).

The main contents of the contract (No. 4) are as follows. The main contents of the contract are as follows (the bottom part is related to the issues of this case). Article 1 (Model) of the mobile concrete distribution plant contract: K2-1000 (the object of the contract): 1 cubic metres/batch, 230,000 value-added tax (excluding value-added tax): 230,000,000 value-added tax on the basis of multi-use concrete: Multi-use concrete standard; 2 (Payment Date) actual power is manufactured for two cubic metres/Batch; 2 (Payment Date) the delivery of goods shall be made from May 10, 2014 (after that, until May 25, 2015). The Defendant’s payment of the remainder shall be made within 0% of the delivery price to the Plaintiff and the Defendant’s payment of the intermediate payment within 10% of the remainder of the delivery price to the Defendant’s factory.

2. When the contract is terminated due to the defendant's reasons, the defendant shall compensate the plaintiff for the double amount of the contract amount, and the damages incurred therefrom may be separately claimed to the defendant.

B. According to the instant contract, the Plaintiff’s total sum of KRW 46,00,000 as down payment and value-added tax on January 26, 2015, and KRW 46,00,000 as part of the remainder on May 22, 2015, and KRW 15,00,000 as part of the remainder on July 23, 2015.