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(영문) 울산지방법원 2018.12.05 2017가합22861
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 135,133,578 to the Defendant (Counterclaim Plaintiff) and its related amount from May 16, 2017 to December 5, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company established on December 12, 2007 for the purpose of manufacturing industrial machinery and automation equipment business, and the Defendant is a company established on January 29, 2008 for the purpose of manufacturing automation equipment.

B. On February 11, 2015, the Plaintiff received a request from the Defendant to manufacture the automation facility 2 machine and install it in C budget factory, and entered into a contract with the Defendant with the following content:

(hereinafter referred to as “instant First Contract”). The name of the construction project: The contract amount of 7,00,000 won for budgetary automation facilities 7,00: the construction period of 792,00,000 won (including value-added tax): February 11, 2015 to April 30, 2015: The conditions of delivery: The conditions for the transportation of the designated place from February 11, 2015 to April 30, 2015 - Advance (30% of the contract amount after the contract) - the amount of 237,60,000 won (including value-added tax) - the trial operation of machinery at the manufacturing factory prior to the installation of the first intermediate payment S

(E) 20% of the contract amount after completion: 158,400,000 won (including value-added tax) - The second intermediate payment (30% of the contract amount after the completion of the on-site establishment and trial operation): 237,600,000 won (including value-added tax): 158,400,000 won (including value-added tax) for the Corporation (including value-added tax) for the remainder of 20% of the contract amount after the completion of the FAT: The Corporation is related to 7,80,000 for C/budget, and its details are based on the contents of the contract between the Defendant and the Plaintiff, C’s POS content, and requirements. On February 11, 2015, the Defendant and the Plaintiff promised to enter into a contract with the Defendant for the arrival of the designated place of the Defendant after the production and packing of the documents related to the contract and perform their contractual obligations in good faith in accordance with good faith.

C. On September 8, 2015, the Plaintiff received a request from the Defendant for the supply of goods equivalent to a total of KRW 169,400,000 (including value-added tax) including DESIVIVY COVY NAY, and the Defendant and the Plaintiff on the same day supply the said goods to the Defendant until September 30, 2015, and the Defendant supplies the said goods to the Defendant by 169,400,000 in return (including value-added tax).

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