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1. The Defendant’s KRW 30,865,417 as well as 5% per annum from November 12, 2014 to September 25, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 9, 2013, the Plaintiff and the Defendant entered into a contract for the payment of OEM (business performance loan) (hereinafter “instant gold contract”) and the main contents relating to the instant case are as follows.
1) Business allowances (Additional Provisions): 8% of the total amount of the construction contract (Additional Provisions): Provided, That the total delivery cost of construction works is based on the estimate of the final contract submitted by the Switzerland (Plaintiff). 10% payment principle or 2% cooperation with vehicle support. 2% lower of the operating standard and performance-based management. 2) In principle, the management of the business site shall be completed in the order of the company by himself/herself, and the settlement shall be made in the order of the down payment, intermediate payment, and balance (the contract, performance-based payment, contract, performance-based payment, and performance-based payment terms at the time of payment) (the contract shall be written in the name of the business contractor). The difference of the upper down payment amount shall be paid to the business operator (if excess profit occurs, the contract shall be paid in full).
B. On May 28, 2014, the Plaintiff and the Defendant entered into a contract for the supply of goods with the construction contract amounting to KRW 95 million (including value-added tax, KRW 20% of the intermediate payment, and KRW 50% of the remainder after the trial operation/construction completion) (i.e., the commencement of March 19, 2014; (ii) the completion and delivery conditions of May 23, 2014; and (iii) the “injun contract” (hereinafter referred to as “injun contract”).
(2) On April 16, 2014, the Plaintiff and the Defendant concluded a contract on the construction contract amounting to KRW 47.3 million (including value-added tax, 40% of the intermediate payment, 50% of the remainder, and 10% of the remainder after trial operation/construction) with respect to the construction work of kimchi-processed machines
(C) On July 7, 2014, the Plaintiff and the Defendant concluded a contract on the construction contract amounting to KRW 1,3750,000 (including value-added tax, down payment 40%, and the remainder 60% of the construction completion/construction) with respect to the construction works other than the special processing unit and consortium, the Plaintiff and the Defendant entered into a contract on April 16, 2014 (including value-added tax, the down payment 40%, and the remainder 60% of the construction completion/construction).