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(영문) 서울남부지방법원 2014.08.29 2013가합17989
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 108,323,700 to the Defendant (Counterclaim Plaintiff) and its related amount from March 5, 2010 to August 29, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On January 29, 2010, the Plaintiff sold to the Defendant a seven-dimensional painting printing machine (hereinafter “instant machine”) in KRW 367,00,000 (excluding value-added tax) (hereinafter “instant contract”), the main contents of which are as follows.

section 5(1) The time limit for delivery shall be within 3.5 months from the date of the contract: Provided, That if there are special circumstances in which delivery is delayed due to natural disasters, delay of the supply of raw materials, labor-management minutes, vehicle transport accidents, government measures, etc., the Plaintiff (Plaintiff) may extend the time limit after prior notification to B (Defendant). The payment of the price of the goods shall be in cash and the payment method shall be as follows:

Contract deposit: Balance remaining within February 28, 30%: at the time of receipt

B. On June 30, 2010, the Plaintiff and the Defendant concluded an agreement related to the delivery date of the instant machinery. The main contents are as follows.

(hereinafter “instant No. 1 Agreement”) No. 2. The following shall be confirmed and notified additionally.

- The second final delivery time limit undertaking (Peremptory.) date: July 31, 2010 (referring to the period operated in accordance with the product specifications and the period of production) (excluding the test period after complete assembly) - The compensation for delay shall be determined by one million won (12,00,000) per month after the expiration of the first delivery time limit.

(Compensation for delay shall be based on the date of the contract executed on January 29, 2010)

C. On January 20, 201, the Plaintiff entered into an additional arrangement with C, the Defendant’s agent, regarding the instant contract. The main content is as follows.

(hereinafter referred to as “instant 2 Agreements”). D Rules

1. Hours for the progress of work: Matters to be observed, such as printing test E after completion of the three-dimensional electric equipment and installation of the second type of mechanical assembly within two months from the commencement date of the work (shorting the number of working days due to the suspension of work) ;

2. Joint development when all operations have been completed;

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