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1. The Defendant (Counterclaim Plaintiff) paid KRW 26,774,664 to the Plaintiff (Counterclaim Defendant) and its related amount from January 16, 2016 to December 12, 2018.
Reasons
1. On September 1, 2015, the Plaintiff acquired 15,000,000 won from C Co., Ltd. (hereinafter “C”) with respect to material purchase claim against the Defendant. On September 10, 2015, the Plaintiff entered into a subcontract with the Defendant for household production and supply (hereinafter “instant subcontract”).
Party: The principal contractor Company A (Plaintiff) and D representative B (Defendant) subcontractor: The method of ordering the manufacture and supply of household products A: 1) the unit price for each contract: The time when the consumer price of household products A sold: 35% payment is based on the consumer price for each contract: Within 60 days from the date of each contract or the date of receipt of the object: The damages that can be terminated and cancelled after one month from the date of the notice of performance: The warranty liability for the other party to the default shall be borne by the subcontractor for one year when the other party to the default occurs:
1. A subcontractor shall purchase all of the machinery, equipment, and materials of the principal contractor as follows:
(2) All manufactured products of C: 15,000,000 won
2. The payment method of the above purchase amount shall be substituted with the price of goods by the principal contractor for the crops of the subcontractor, and shall be repaid in the amount equivalent to the total amount under paragraph (1) above
3. If it is impossible to produce by the subcontractor, the principal contractor shall reimburse the principal contractor for 75,00,000 won as the price for restoration to its original state.
The period of compensation shall be determined by mutual agreement.
According to the instant subcontract, the Defendant commenced to produce and supply furniture to the Plaintiff, and the Plaintiff paid KRW 23,533,294 of the subcontract price to the Defendant on September 20, 2015, around October 20, 2015.
On December 2, 2015, the Defendant issued an order to the Plaintiff on a sufficient time to ensure that the supply of goods does not interfere with the Plaintiff’s order, and it does not enter into the request to pay the subcontract price on the 20th of the following month, which originally agreed to do so.