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The plaintiff (Counterclaim defendant) is simultaneously with the delivery of each item listed in the attached Table from the defendant (Counterclaim plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The status of the party concerned is a company with the objective of the automation system equipment, manufacturing and sales business, and machinery and equipment sales business, etc. The defendant is a company running automobile parts, factory machinery parts business, etc.
B. Around August 2015, the Defendant entered into a contract with the Plaintiff for the supply of machinery and equipment between the Plaintiff and the Defendant (i) around August 2015, with respect to large-scale scrapers, the Defendant was suffering from issues, such as production difference in quality, excessive input of personnel for quality control, quality imbalance due to external processing and profitability aggravation, etc. In order to solve this problem, the Plaintiff decided to introduce the following facilities from the Plaintiff. (ii) On September 17, 2015, the Plaintiff entered into a contract with the Defendant to manufacture CNC 3 2Dlas Mach (hereinafter “instant Racer”) with the Plaintiff, and to pay the price for the start-up operation after installing the Defendant’s factory (hereinafter “the instant Racer set installation contract”).
The main contents of the instant contract for the installation of the rasher are as follows.
Product name of a facility supply contract: CNC 3 3 2Dlaser Mach (including installation and trial operation)
3. Major components: NLer Gener Genor & Whiteer & Fber 2 2Dlaser 4 2D 3 d 3 d 3 d 3 d 3 d 2 d 3 d 3 d3 d 1 set and one set for the delivery of head 2 set and one set for the operation at the time of installation;
5. Unit price of supply: daily gold-gu0 million won (980,000,000 won) and VAT separate.
7. Date of delivery: December 15, 2015 (it may be later consulted when any change occurs).
9. Delivery Conditions: In the event of any defect in the goods supplied by the plaintiff under Article 3 (Defect Guarantee) of the completion of the operation of the factory operation set up in the B-B factory operation, or in the event of any defect caused by the goods supplied by the plaintiff, the replacement or correction work shall be conducted to the new goods and shall be liable to the defendant
Article 4 (Terms and Conditions of Contract Elimination by Defendant)
(a)the delivery of products within the supply date;