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1. The Defendant (Counterclaim Plaintiff) paid KRW 50,000,100 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from June 22, 2016 to December 14, 2016.
Reasons
1. Facts of recognition;
A. On January 18, 2016, the Plaintiff entered into a contract with the Defendant, who is engaged in the manufacturing, assembling, etc. of machinery under the trade name “B,” under which the Defendant and the Defendant, who is engaged in the business of manufacturing, assembling, etc. of machinery, shall be paid KRW 62,00,000 in return for the manufacture and supply of the machinery by March 11, 2016 (hereinafter “instant contract”).
Among the contracts entered into in the instant contract, the contents related to the instant case are as follows.
Article 2 (Amount and Method of Payment) The total contract amount of 6,200,000 won (excluding value-added tax) shall be paid as follows:
1) 계약금 : 계약체결과 동시에 계약 착수금조로 총 계약금액의 30%에 해당하는 18,600,000원을 지불한다. 2) 중도금 : 계약물품이 원고의 공장에 입고되어 검수가 완료되었을 � 총 계약금액의 40%에 해당하는 24,800,000원을 지불한다.
3) Balance: At the end of the following month from the date of completion of machinery inspection, the Defendant shall pay the balance of 18,600,000 won which is 30% of the contract amount. Article 3 (Nam and Delivery Place) (1) The Defendant shall deliver all the contract goods to the Plaintiff’s designated place within March 11, 2016 from the date of the order.
2) All the costs of delivery to the place of delivery shall be borne by the defendant. The costs of unloading and the costs of raw/water and human resources necessary for trial operation shall be borne by the plaintiff and the costs of installation and trial operation shall be borne by the defendant. The defendant shall pay to the plaintiff for delay the amount equivalent to 3/100 of the contract deposit for delay per day when the defendant was unable to deliver the object of the contract within the payment period stipulated in Article 5 (Compensation for Delay) of this contract. Article 8 (Deposit for Termination and Payment Guarantee) 1) The plaintiff and the defendant shall not cancel the contract goods after the conclusion of the contract, and due to unavoidable circumstances.