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Reasons
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(영문) 수원지방법원성남지원 2017.05.24 2015가단219664
손해배상(기)
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1. The Defendant-Counterclaim Plaintiff Co., Ltd. (Counterclaim Defendant) is from January 20, 2012, KRW 58,500,000 to the Plaintiff (Counterclaim Defendant) and its related amount.

Reasons

1. Facts of recognition;

A. On October 15, 201, the Plaintiff, who is engaged in manufacturing and wholesale sales of agricultural and fishery products, etc. under the trade name “D”, entered into a contract with the Defendant Company to manufacture and supply Mabro container and package (hereinafter “instant machine”) with the Plaintiff (hereinafter “instant contract”), and the main contents thereof are as follows.

Defendant B is the representative director of the Defendant Company.

Article 1. 1. 1. Item 1. Item 4. The name of the container and package 2.2. The total contract amount of this contract under Article 2. 380V 4P 10), the total sum of the contract amount under this contract amount under this contract amount is KRW 65,00,000,000,000, which is paid by the Plaintiff to the Defendant Company as follows.

(Value-added tax) 1: 30% intermediate payment of KRW 19,500,000: 40% in cash payment 2) intermediate payment of KRW 26,000: 30% in case of work process 50%: 30% in case of remainder payment of KRW 19,50,000 in case of installation, and the payment period of machinery under Article 3 within 10 days after the completion of trial operation shall be installed within December 5, 201.

Article 5 If the delivery of the goods is not possible within the due date under this Agreement, an amount equivalent to 1.5/1000 of the contract amount shall be paid as liquidated damages for delay per day for delay.

B. The Plaintiff requested the Defendant Company to add the seals affixed to the instant machine, and the Defendant Company requested the Plaintiff to pay KRW 13,000,000 to the Plaintiff.

C. On October 17, 201, the Plaintiff paid KRW 9,000,00,000 to the Defendant Company, out of the intermediate payment of KRW 30,000,00,000, including the additional expenses for the sealing device on December 12, 201, and the additional expenses for the sealing device on January 20, 201.

The Defendant Company produced the instant machinery and supplied the instant machinery to the Plaintiff on March 20, 2012.

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