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The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay to the Plaintiff (Counterclaim Defendant) KRW 63,93,084 as well as the full payment from November 30, 2013.
Reasons
Facts of recognition
On June 2012, the Plaintiff agreed that the Defendant, a stock company, and the canal (hereinafter “B”), who operates B, made a set of gold, made a set of gold products (food storage container; hereinafter “instant product”) and made the canalky’s Home shopping sales, and that the canal shall be in charge of the canalky’s Home shopping sales. The canal shall be paid a certain amount for each number of products sold, and the remaining profits shall be divided by the original Defendant, and the remainder sales except the home shopping shall be their own profits.
(hereinafter “instant agreement”). On July 16, 2012, the Plaintiff entered into a gold-type 1 set of gold-type 1 sets ( seven sets; hereinafter “the gold-type”) for the production of the instant product with the Defendant (hereinafter “instant gold-type”). The main contents of the instant agreement are as follows.
Amount: 180,000,000 won (excluding value-added tax) payment period under Article 2 (1): The payment period on August 25, 2012 shall be the date of passing an inspection under the letter of apology presented by the defendant after completing the production of gold and conducting an inspection on August 25, 2012: The payment period shall be the place of payment: if the defendant's revenue warehouse or the defendant's designated place of payment violates the payment period specified in Article 2, 3/100 of the agreed amount per day shall be paid to the defendant immediately; the compensation for delay shall be due to force majeure recognized by the defendant; and if there are matters separately agreed by the plaintiff of the defendant, this shall not apply.
(hereinafter “instant provision for liquidated damages”). Around September 21, 2012, the Plaintiff delivered the instant gold-type 1 set and gold-type 1 set to C Company (representative D; hereinafter “C”).
In canala sold the instant product through GS Home shopping from November 19, 2012, and paid the sales proceeds to the Plaintiff.
C supplied raw materials from the original Defendant and produced the instant product on or around February 13, 2013, the remainder of the price of the goods to the Plaintiff on or around January 18, 2013.