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1. The Defendant’s KRW 197,928,50 among the Plaintiff and KRW 186,434,00 among the Plaintiff, shall be KRW 11,494,50 from May 10, 2018.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of manufacturing and selling feed, etc., and the Defendant is a person who manufactures and sells the automation equipment under the trade name of “C”.
B. On July 24, 2014, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of four-way machinery (hereinafter “instant machinery”) such as powder falzers and caps. On July 31, 2014, the Plaintiff entered into a contract with the following terms and conditions (hereinafter “instant contract”). On July 31, 2014, the Plaintiff entered into a contract with the Defendant to partially adjust the contract price and finally adjust the contract price (hereinafter “instant contract”).
Article 1 (Items) Item No. 1 Powling and lappling M/C 1 set 153,260,000 2 C/C PTPP automatic packaging machine 95,060,000 3 C/C PTPP type type 1 set 33,950,000 4 C/C Acenture type 1 set 33,950,000 4 C/C Acenture type 1 set 33,950,000 4 C/C Acenture type 1 set number 43,650,000 325,920,000 (Value-Added Tax) separate Article 2(325,920,000 (Value-Added Tax)
1. Contract deposit: A sum of 30.7% (100,000,000 won) of the price of goods shall be paid on the following date:
[Plaintiff, Appellant 1, 2014, in cash, KRW 1,000,000 (within 90,000)]
2. Part payments: Cash payments shall be made in September 24, 2014 for about 19.3% (62,960,000 won) of the price of goods;
3. Balance: Payment in cash shall be made at least 50 percent (162,960,000 won) of the balance when there is no problem after completion of the examination (within seven days).
Article 5 (Payment Date) November 30, 2014
Article 6 (Compensation for Delay) If the Defendant (Defendant) fails to deliver the said goods to the Plaintiff (Plaintiff) within the payment period, the amount calculated by multiplying the contract amount of the relevant goods by the rate of compensation for delay (5/100) shall be paid to Party A for each number of days of delay as the penalty for delay.
However, if the payment period has expired due to the cause attributable to A, and if the payment period has been extended by consultation with B and the cause not belonging to B.