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(영문) 인천지방법원부천지원 2015.12.16 2015가단368
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,379,800 to the Plaintiff (Counterclaim Defendant) and the amount from January 16, 2015 to December 16, 2015.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff is a company that manufactures and sells liquid pumps, environmental equipment, etc., and the Defendant is a company that designs, constructs and disposes of livestock excreta facilities, and engages in a business that generates renewable energy.

From October 2013, the Defendant started work of installing livestock excreta energy-generating facilities as part of the livestock excreta energy-generating project under the control of the Ministry of Agriculture, Food and Rural Affairs from the Sinsan-si, Sinsan-si. During that process, the Defendant agreed to receive the machinery necessary for installing storage tanks from the Plaintiff.

B. Accordingly, on April 15, 2014, the Plaintiff and the Defendant concluded a contract with the Defendant to manufacture and supply the machinery and equipment related to the storage tank (referring to the underwater bridge, underwater pumps, underwater radar, and these equipment) (hereinafter “instant supply contract”).

The main contents of the instant contract are as follows.

Contract deposit: 44 million won (payment at the maturity of June 30, 2014): The balance of 26.4 million won (payment at the time of supplying products, payment at maturity of three months): 17.6 million won (payment at the maturity of ten business days after the trial run is completed, payment at the maturity of one month) and the delivery is delayed on May 31, 2014 due to any cause attributable to the plaintiff; 6/1,000 of the total amount of the daily contract; 6/100 of the total amount of the daily contract if the number of delayed days is at least seven days but less than 7 days but less than 15 days, and the number of delayed days is at least 15 days, it shall be deemed a breach of contract.

The defendant renounces down payment when violating the contract, and pays twice the down payment and advance payment when the plaintiff violates the contract, and separately compensates for the defendant's damage caused by the violation of the contract and guarantee for contract performance: cash or guarantee insurance policy equivalent to 20% of the total contract amount.

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