매매대금반환
1. The Plaintiff (Counterclaim Defendant) paid 139,091,396 won to the Defendant (Counterclaim Plaintiff) and its related amount from November 28, 2014 to November 4, 2015.
The principal lawsuit and counterclaim shall also be deemed to have been filed.
1. Basic facts
A. The Plaintiff related to the parties is a company that engages in the ship engine, parts business, automobile parts business, etc., and the Defendant is a company that engages in the export and import of raw and secondary materials for mechanical manufacturing, export and import intermediation, and agency business.
B. 1) On January 24, 2013, the Plaintiff entered into a sales contract for the instant machinery, as indicated in the separate sheet owned by the Defendant from the Defendant (hereinafter “instant machinery”).
(2) The sales price of the instant machinery is KRW 120,000,000 (including value added tax) and the down payment is KRW 120,000,000 at the time of the contract, the first intermediate payment of KRW 280,000,000 after the completion of the assembly of the instant machinery at the Defendant’s factory, and the second intermediate payment of KRW 80,000,000 after the commencement of the operation of the said machinery at the time of the electrical operation (hereinafter “the instant sales contract”).
In addition, the Defendant agreed to immediately replace and supply the instant machinery when it is deemed to have a defect in the quality of the instant machinery, and to pay for the replacement of parts, etc. for six months from the completion date of the test operation, and for six months after the completion date of the test operation. 2) On January 25, 2013, the Plaintiff paid to the Defendant KRW 50,000,000, which is part of the intermediate payment on February 21, 2013, and KRW 230,000,000,000, which is part of the intermediate payment on March 4, 2013, and KRW 40,000,000, which is a part of the intermediate payment on October 2, 2013, respectively.
3. The Defendant delivered the instant machinery to the Plaintiff around March 2013, and the Plaintiff started driving the instant machinery from around December 2013 to May 13, 2014 after performing the basic construction for installing the instant machinery.
On May 27, 2014, the Plaintiff discovered problems in the course of the trial run, and requested the Defendant to repair the defects of the instant machinery, and the Defendant completed the said repair work on July 30, 2014.