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1. The Plaintiff (Counterclaim Defendant) paid KRW 20,187,149 to the Defendant (Counterclaim Plaintiff) and its related amount from July 15, 2015 to September 30, 2015.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On July 14, 2014, the Plaintiff and the Defendant concluded a contract for manufacturing, selling, and installing elevators to multi-household houses located in Jongno-gu Seoul Metropolitan Government (hereinafter “instant contract”).
Article 1 (Details of Contracts) Payment Period: The contract amount completed until October 15, 2014: 36,300,000 won (value 33,00,000, value-added tax 3,000,000 won) for the contract when entering into a contract: 7,260,000 won for the intermediate payment at the time of entering into the machinery room, 21,780,000 won for the intermediate payment at the time of delivery, 7,260,000 won for the remainder at the time of entering the machinery room, and 7,260,000 won for the remainder at the time of cancelling or terminating the contract (such as cancellation, termination, and damages by the Defendant), in addition to the penalty for breach of contract under Article 8 (3), the Plaintiff shall pay the Defendant the amount equivalent to the contract deposit expenses and the construction expenses incurred by the Plaintiff until the termination or termination of the contract (including the expenses incurred by the Plaintiff).
B. The Plaintiff paid the down payment on July 15, 2014 under the instant contract, and the Defendant ordered materials, etc. suitable for the Plaintiff to supply the elevator to the Plaintiff immediately after the conclusion of the contract, and entered the manufacturing.
C. However, on September 14, 2014, the Plaintiff concluded a contract for manufacture and installation of elevators with C, a company manufacturing other elevators, and set up an elevator on the grounds that the Defendant Company’s intervention in the strike and the contact with the person in charge was not contacted.
Until September 14, 2014, the costs incurred by the Defendant Company in the production of elevator material, including the Tachines, manufactured to perform the instant contract by September 14, 2014, are KRW 20,187,149, except value-added tax, and the said material cannot be used for the manufacture of other elevators.
[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, and Eul No. 6.