물품대금
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was 9,799,649 won and 649 won.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On July 22, 2011, the Defendant entered into a B supply contract (hereinafter “supply contract with the Public Procurement Service”) with the following terms and conditions (hereinafter “supply contract with the Public Procurement Service”).
The actual contract term: The actual tax amount on July 22, 201 through October 31, 2011, the actual contract term: the actual contract amount of 1,350,000 tons in package B 8,000 tons in package B 1,752,00,000 won per 1,350,000 kilograms in package: The due date of delivery shall be 30 days after each demanding the supply by each end-user: 0.15%/1 of the contract amount.
B. On August 31, 2011, the Plaintiff entered into a supply contract between the Defendant and the Defendant to supply B, instead of the Plaintiff, to the Public Procurement Service, and to receive the price from the Defendant (hereinafter “instant primary contract”). The main contents are as follows.
Article 1 (Supply Period) A (Plaintiff) is responsible for B 14,00 tons contracted with the Public Procurement Service from September 1, 201 to October 31, 201, and complete the supply within the contract period with each end-user institution.
The delayed compensation accrued after September 9, 2011 is liable for Gap. The delayed compensation rate: 0.15%/1 day) Article 2 (Supply Price and Settlement Method)
(a) A shall supply 1,821,60,000 tons in packaging units for KRW 1,821,60,000 and KRW 6,000 in packaging units for KRW 1,428,90,000 in packaging units for KRW 1,428,90,000;
(b) Eul shall pay Gap 3,250,500,000 won for the goods B as follows:
1. 350,000,000 won out of the down payment of 700,000,000 won at the same time as the conclusion of a contract shall be paid:
9. To pay the remainder of 350,000,000 won before June.
2. After completion of delivery B, A shall immediately request the supplier to conduct an examination, B shall immediately issue a tax invoice, and B shall transfer the deposit passbook for goods to A.
3. A shall pay the price of the B goods deposited in the passbook of the transferred Tong on the day of deposit, and shall be paid to A as remittance to the passbook and the price of the goods.
C. The Plaintiff totaled KRW 1,112,531,200 to each end-user institution by October 31, 201 after the instant first contract was concluded.