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1. The plaintiff (Counterclaim plaintiff)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) on 29,869.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Presumed facts
A. On June 25, 2010, the Plaintiff entered into a contract with the Defendant to be supplied with a tobacco boiler as indicated below.
(2) Of the goods prices, the boiler quantities may be increased or decreased by 50% after the conclusion of the contract, 30% after the completion of the container loading, and 20% after the Defendant submitted the defective performance securities when the goods arrive in the Republic of KIKO. The Defendant submitted the defective performance securities after the payment of the goods at the rate of 3/1,000 won for 3:4:4:700,500,000 won per day and 78,450,000 won and 78,450,000 won and 2:50,000 won and 20% per day for delay in the payment of the goods. The Plaintiff paid damages for delay calculated at the rate of 3:0,000 won and 3:4:70,000 won and 2:50,000 won and 3:50,000 won per day.
B. On September 29, 2010, the Plaintiff entered into a contract with the Defendant to be supplied with a studio as indicated below:
(hereinafter referred to as the “instant supply contract” and, accordingly, the annual coal column supplied as a result of the contract shall be referred to as the “instant coal column”). The separate transport cost of value-added tax of KRW 50,700,000 per unit price for the size of 3-Gu 490,000 per unit price, and of KRW 50,700,000 per unit price for value-added tax.
C. By September 17, 2010, the Defendant supplied the Plaintiff with 2-Gu 4 shot boiler 315 and 700 shot boiler 3-Gu 4 shot boiler supply contract.
On September 8, 2010, the Defendant provided the Plaintiff with a guaranty insurance policy to cover KRW 33,000,000 with respect to the instant contract for the supply of the tobacco boiler.
E. The Plaintiff paid to the Defendant KRW 304,445,250 as the price for the goods under the supply contract of the instant tobacco boiler, and KRW 50,000 as the price for the goods under the supply contract of the instant tobacco boiler.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 and 8, respectively.