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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 6, 2015, the Plaintiff and the Defendant concluded a contract with the following terms (hereinafter “instant contract”).
A contract for the supply of machinery between the defendant (hereinafter referred to as "A") and the plaintiff (hereinafter referred to as "B") shall be concluded as follows:
Article 1 Description of Automatic Measuring Instruments : 04L Bear : 10,000,000 of Won 110,000,000: All the contract amount (including VAT): KRW 110,000,000 per day (Won 110,000,000)
1. “B” for the primary investment portion shall be delivered to “A” by February 17, 2015 and “A” shall be accepted.
2. Where the payment period is delayed, the amount shall be 2/1,000 won based on the contract amount per day of the delayed number of days due to repayment.
Provided, That this shall not apply to the adjusted schedule for consultation with A due to special reasons.
Article 4 "A" shall deliver supplied goods to a place designated by "A".
(At this time, "B" will fully assume the responsibility for the payment of the terms and conditions for the payment of the price under Article 5, including the charge of the trucking freight and the loss of the trucking volume.)
1. “A” under the terms and conditions of the payment of the price for “A” and the down payment (30%): Won 36,300,000 intermediate payments (including VAT): Won 48,400,000 of the contract amount (including VT): Won 36,300,000 out of the contract amount (including VAT):
2. The payment method of “A” and the down payment: after the performance (in advance) of “B” after the contract is received, payment shall be made.
(Repaid Payment shall be withheld at the time of failure to submit: The supplied goods shall be paid after the completion of installation at the place designated by A.
The balance: A shall submit a performance guarantee insurance policy (10%) after passing the performance inspection and examination conditions prescribed in "A".
(I) The quality assurance "B" in Article 7 shall guarantee the quality assurance of contracted goods as follows:
1..