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1. The Defendant (Counterclaim Plaintiff) paid KRW 22,00,000 to the Plaintiff (Counterclaim Defendant) and against this, from March 10, 2018 to May 31, 2019.
Reasons
1. Facts of recognition;
A. On October 11, 2016, the Plaintiff (formerly: D Co., Ltd.) entered into a contract for facility purchase (hereinafter “instant contract”) with the Defendant (formerly: Co., Ltd.) on the production and installation of a consortium facility for waste-based waste resources (hereinafter “instant contract”) on the following terms.
- Quantity: 11 tax rates and 1 tax rates for vibration lines (hereinafter “instant facilities”): Total contract amount: 430,1200,000 won (including value-added tax) - Delivery period: Until December 30, 2016, supply and installation completion ( separately for trial operation)
B. On December 12, 2016, the Defendant sent to the Plaintiff a document stating that the date of the installation and delivery of the instant facilities was postponed on or around March 4, 2017 due to the construction schedule at the Ansan site. Then, the Defendant sent a document stating that the remainder payment date under the instant contract is postponed on or around April 3, 2017.
C. On June 2, 2017, the Plaintiff sent to the Defendant a content-certified mail stating that “Although the instant facilities were manufactured by the end of November 2016, the Plaintiff would delay the installation and payment of the said facilities due to the Defendant’s circumstances, thereby cancelling the instant contract.”
After that, on June 10, 2017, the Plaintiff and the Defendant drafted a written agreement with the following contents:
- The instant contract is null and void.
- On-site assembly and installation of the instant facilities shall be deducted from the contract price of the instant case from KRW 39.2 million instead of the Defendant’s liability.
- The Defendant shall pay to the Plaintiff the remainder of KRW 87.6 million under the instant contract and KRW 48.9 million out of KRW 97.8 million (excluding value-added tax) for the instant facilities, including KRW 10.2 million and storage fees for the instant facilities, up to June 15, 2017, and shall pay the remainder of KRW 48.9 million up to June 30, 2017.
- No defective performance bond for the instant facilities shall be issued separately.
E. On June 16, 2017, the Plaintiff and the Defendant held meetings at the Plaintiff Company’s office and agreed on June 16, 2017 (hereinafter “Agreement”) as follows:
A. Before 200:
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