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(영문) 부산지방법원 2019.01.10 2017가단329685
매매대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 12,500,000 with full payment from April 15, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

(1) The Plaintiff operates the mechanical-related program manufacturer company with the trade name called C in Gangseo-gu Busan Metropolitan City, and the Defendant operates the mechanical manufacturer company with the trade name of E in Yangsan City D.

B. On March 8, 2016, the Defendant concluded a contract with G operating the F located in the Si of the Gyeonggi-do (hereinafter referred to as “F”) to manufacture and supply Aluminium H (hereinafter referred to as “instant machinery”) in the amount of KRW 90,00,00 (excluding value-added tax) and agreed to supply the instant machinery until June 21, 2016.

【See the Defendant’s design and production of the main body of the instant machinery, and the production of the electric panel and the electric device control program (hereinafter “instant panel and program”), which are set up separately in the instant machinery, made the contract to the Plaintiff.

x. On April 11, 2016, the Plaintiff sent a written estimate to the Defendant stating “(i) the production of a panel, ② KRW 2,800,000,000, and ③ DWG, operation manuals, CWG, operation manual, writing/PC program/book program, total of KRW 3,400,000 for trial run, and KRW 15,00,000 for trial run in E (the factory operated by the Defendant; hereinafter referred to as “YU”).”

(v) On April 20, 2016, the Defendant entered into a supply contract stipulating the supply value of the instant panel and program as KRW 15,000,000 (hereinafter “instant supply contract”) with the Plaintiff and sent an order stating the following:

On the same day, the defendant paid 4,000,000 won to the plaintiff as down payment.

The value of supply: The payment period of KRW 15,00,000 (excluding value-added tax): June 2016 (after-sale consultation): the delivery method of down payment of KRW 4,000,000 (after-sale consultation): the intermediate payment of KRW 5,000 (after-sale), the intermediate payment of KRW 5,000,000 (after the panel entry), the balance of KRW 6,00,000 (when the establishment and trial operation are completed): the prior program in the Defendant factory and the trial operation.

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