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(영문) 부산지방법원동부지원 2015.11.20 2014가단20921
손해배상(기) 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 58,820,647 to the Defendant (Counterclaim Plaintiff) and its amount from October 1, 2014 to June 25, 2015.

Reasons

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

1. Facts of recognition;

A. The Plaintiff was supplied with steel plates from January 2012 to December 2013 by the Defendant, but did not pay KRW 71,387,069 for goods.

B. On April 10, 2014, the Plaintiff and the Defendant agreed to make installment payments of KRW 100,000,000 from the Defendant on April 10, 2014 through four occasions each month from May 2014 to August 12, 2014, the Plaintiff and the Defendant drafted a notarial deed of a contract for debt repayment by means of transfer security (MADAPE6A367, hereinafter “the instant machinery”) owned by the Plaintiff, with respect to one of the NC puncuncun term (hereinafter “the instant machinery”).

C. In preparing the above notarial deed, the Plaintiff prepared a certificate with respect to the use of the punching on the same day as follows:

1.The scrap metal (including the STS) from among the production of the product using the punching machine shall be sold at the port of the Dispute Resolution Co., Ltd. and the proceeds thereof shall be distributed equally in five to five:5.

Provided, That this price may be offset by the quasi-processing costs or the price for goods processed by the Co., Ltd. in the three mining circles.

2. The repair, storage and operation of machinery shall be responsible at the Dispute Resolution Co., Ltd., and the repair costs incurred during the use shall be borne by the Dispute Resolution Co., Ltd.

Provided, That the expenses incurred in repairing the broken-out and parts incurred before the transfer of machinery shall be borne by the not less than 3 mining complexes.

5. The repayment shall be made in cash in the amount of KRW 20,000,000, which is 71,387,069, which is an outstanding amount, in the amount of not later than May 12, 2014, and shall be made in cash each month from June 12, 2014, in the amount of KRW 5,00,000,000.

6.A plan for the purchase and processing of steel materials for all the contracted cases awarded by the three or more different accounts shall be agreed exclusively at the Dispute Settlement Bank Co., Ltd.

The unit price for punching shall be classified into 1,219 x 2,438.

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