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1. The Defendant (Counterclaim Plaintiff) shall pay 52,00,000 won to the Plaintiff (Counterclaim Defendant) and its payment from June 12, 2014.
Reasons
A principal lawsuit and counterclaim shall be deemed to be combined.
1. Basic facts
A. 1) The Plaintiff is a person who imports and sells new and used food machinery with the trade name of “C”. 2) The Defendant is a company running a business, such as a meat processing business, etc.
The Defendant received orders for meat processing from the Hae Forest Co., Ltd. (hereinafter “Hae Forest”) to the Hae Forest by OEM.
B. On May 21, 2013, the Plaintiff and the Defendant around May 21, 2013 (CFS Unix 1,000-liter Mhing function) (hereinafter “instant mixing”).
(B) and (2) Rift 200 g the price of KRW 115 million (excluding value-added tax) and the due date for payment shall be 21 days from the date of the contract (hereinafter referred to as the “instant contract”).
The main contents of the instant contract are as follows. Article 3 (Conditions of Settlement)
1. Contract deposit: 30%, 300,000 won (Won 34,500,000) - Payment of bills for three months after submission of performance guarantee securities (100%) separate from VAT (payment of bills for three months);
2. Balance: 70%, sale thousand won (Won 80,500,000) - VAT separate (payment of a bill or note within 15 days after the completion of the supply of goods) Article 4 (Defect warranty) warranty period (A/S) shall be six months after the completion of the inspection and shall submit the warranty warranty performance certificate when the remainder is paid.
(hereinafter referred to as "A" after normal operation of machinery and equipment and product production have been completed after the installation of Article 5 (Examination) and the completion of trial operation, shall be deemed to have been completed when the notice of the completion of the examination department of "A" is given.
Article 6 (Compensation for Delay) Where the "B (Plaintiff)" fails to perform the contract within the period of this contract, he/she shall pay the penalty for delay equivalent to 3/1000 of the contract amount per day for the number of delayed days.
Provided, That this shall not apply where the permission for postponement of "A" has been obtained due to natural disasters, etc.
Article 10 (Matters of Special Agreement)
1.A written estimate submitted by “B”.