(영문) 부산지방법원동부지원 2016.01.29 2015가단8911

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(영문) 부산지방법원동부지원 2016.01.29 2015가단8911

물품대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 50,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from September 22, 2015 to September 30, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. On April 3, 2014, the Defendant entered into an agreement on the development and supply of automatic washing machines with the Plaintiff (hereinafter “instant machines”).

(hereinafter “instant agreement”). The principal content of the instant agreement is as follows.

Article 1 (Purpose of Contract) - The purpose of this Agreement is to provide for all the matters necessary for the input of the Plaintiff’s resources and the supply of the equipment such as the supply list to the Defendant, which is required by the Defendant.

Article 2 (Price and Method of Payment) The total amount of the supply shall be KRW 150,00,000 in daily gold (Won 150,000,000,000), and the defendant shall pay to the plaintiff as follows:

1. Down payment: 50,000,000 won (excluding surtax) not exceeding May 30, 2014;

2. Part-time payments: Won 50,000,000 won (excluding surtax) within July 30, 2014;

3. Balance: The Plaintiff, within August 30, 2014, shall deliver the development facilities to the Defendant not later than August 30, 2014, the amount of 50,000,000 (Additional Tax Map) shall be delivered to the Defendant by August 30, 2014.

Article 5 The plaintiff shall guarantee that the development facilities have the performance as a sashyang, and shall guarantee the performance by completing the trial operation before delivery.

Article 7 (Cancellation of Contracts)

1. If both parties deem that it is incapable of performing the contract, they may cancel or terminate the contract after giving written notice to the responsible party;

2. When the defendant delivers the balance to the date under Article 3 and fails to pay the balance without the consent of the plaintiff, the contract is cancelled without the plaintiff's peremptory notice, and the plaintiff can immediately recover the development facilities.

3. In the case of the above 2, the expenses for the Plaintiff’s mechanical transport, installation, and collection shall be borne by the Defendant, and at the same time, the Plaintiff may acquire the down payment due to other damages.

B. The defendant is against the plaintiff.

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