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1. The Plaintiff (Counterclaim Defendant) paid KRW 6,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from April 26, 2014 to June 20, 2014.
Reasons
1. Basic facts
A. On April 10, 2013, the Plaintiff and the Defendant entered into a contract related to the sale of facilities and business alliance (hereinafter “instant contract”) with the content that the Defendant sells high-stamper machinery and CD-R equipment (hereinafter “instant equipment”). The main contents are as follows.
(‘A’, “B,” and “B,” respectively). Article 2(Facility 1) of the Act provides that two of the high sealer facilities (including the SPARE PAS) and the remaining ancillary facilities; ② Article 3 (Conditions of Final Delivery) of the Terms and Conditions of Normal Operation (including Sale Price and Business Partnership) of the Second Used CD-R Manufacturing Facilities 2D, and Article 4 (VAT): (1) of the Terms and Conditions of the Normal Operation (including Terms and Conditions of Final Delivery): (1) of the used sealer machinery at the time of sale and purchase shall be KRW 40,00,000 in total.
2. The above-mentioned total amount of KRW 40,00,000 shall be paid after normal operation (90%).
(3) 20,000,000 won shall be additionally paid after normal operation (90% of the operating rate) as follows:
“B” requests “A” to produce CDs and DVD external production, and offsets the amount.
(2) (1) In the case of a mechanical sale, 2D companies for heavy CD-R are KRW 80,000,000 in total.
2. The above-mentioned total amount of KRW 80,00,000 shall be paid after normal operation (90%).
(3) A total of 40,000,000 won per Rashe shall be additionally paid for 20,000,000 won after normal operation (90% of the operating rate) as follows:
“B” requests “A” to produce CDs and DVD external production, and offsets the amount.
B: The “A” and “B” shall operate the facilities normally and shall produce them and distribute their net profits.
C: If “A” and “B” fail to properly operate the facility, they shall be transferred to “B” and the contract shall be terminated.
The final choice of the above inside shall be determined by “A”.
Article 5 (Method of Non-Suspension) When removing Machinery, “A” shall pay “B” KRW 6,00,000 (including VT) as security deposit.
Provided, That if a driver fails to pass a trial, “B” shall immediately be “A”.