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(영문) 수원지방법원안산지원 2016.10.11 2015가단8278
매매대금
Text

1. The Defendant (Counterclaim Plaintiff) simultaneously with the receipt of a defect repair performance bond from the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 10, 2013, the Plaintiff and the Defendant concluded a contract under which the Plaintiff would deliver the Defendant with an electrical decomposition device (hereinafter “instant device”) among malodor removal facilities for sewage sludge support facilities in the Sinsan City (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

- Name / Quantity: The payment period of KRW 32,00,00 (excluding value-added tax): June 1, 2013: the completion of installation on June 15, 2013: Advance payment - 30% (contract performance securities) within 15 days after the completion of the installation (in accordance with the settlement conditions for the place of order) - The remainder of 60% (in accordance with the settlement conditions for the place of order) after the completion of the operation (in accordance with the settlement conditions for the place of order): Compensation for delay of 10% after the completion of the operation (in accordance with the settlement conditions for the place of order): The payment period of KRW 3/100 of the contract amount per day at the time of delay of the contract: In principle, the payment shall be made after receipt of each performance bond (original) and tax invoice, etc.

B. On July 10, 2013, the Plaintiff supplied the instant devices to the Defendant.

C. The Defendant paid KRW 31,680,000 to the Plaintiff out of the purchase price under the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The plaintiff asserts that the plaintiff is obligated to pay 3,200,000 won and damages for delay to the plaintiff as the plaintiff fulfilled all the obligations, such as supplying the device of this case to the defendant under the contract of this case.

B. According to the above facts, the defendant is obligated to pay 3,200,000 won for the remaining purchase and sale of the contract of this case and damages for delay thereof to the plaintiff, barring any special circumstance. 2) The defendant agreed to deliver the defect repair performance bond related to the device of this case to the plaintiff.

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