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1. Defendant B and the Defendant (Counterclaim Plaintiff) C jointly share KRW 37,950,000 and KRW 21,450,000 among them.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a corporation with the objective of consulting on industrial and household water treatment equipment and water quality improvement equipment. Defendant B has run automatic valves and liquid wholesale and retail business with the trade name of “D” by lending the name of business operator from Defendant C, which is a woman of matrimonial engagement.
B. On February 12, 2014, the Plaintiff entered into a contract with the Thai Engineering Co., Ltd. (hereinafter “Poco Engineering”) to supply “PTPPPPPG” and “O and Carborn PKG equipment by July 31, 2014, respectively, with respect to “PTPPPPPPG” and “O and Carborn PKG equipment,” which was contracted by the Thai Engineering from the Thai Engineering (hereinafter “Poco Engineering”).
After that, on June 3, 2014, the Plaintiff agreed to extend the delivery period of each of the above contracts and the sco engineering by September 5, 2014.
C. On June 10, 2014, the Plaintiff requested Defendant B to place an order of valves (3-day BallValve) 5 feet, three direction valves (hereinafter “instant equipment”) 1 feet, etc. (hereinafter “the instant equipment”). Defendant B sent written estimates on the instant equipment to the Plaintiff on June 10, 2014, stating the following conditions:
(No. 11). Proceeds: 68,50,000 won (excluding value-added tax): 30% of the down payment, and 70% transport conditions at the time of release: the payment period for the upper limit of the arrival of the return: 60-70 days after the order is placed.
D. On August 6, 2014, the Plaintiff’s representative E sent to Defendant B an order stating the following contents with respect to the instant equipment, and Defendant B sent the order to the Plaintiff by e-mail after stating the name of the Defendant C and affixing seals on the “supply Site” column of the above order.
An ordering agency: A representative director E-supply office: D representative C price: KRW 71,500,000 (including value-added tax).