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1. The Plaintiff (Counterclaim Defendant) paid KRW 135,370,401 to the Defendant (Counterclaim Plaintiff) and its related amount from August 30, 2013 to February 24, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed as the same.
1. Basic facts
A. On August 16, 2012, the Plaintiff entered into a contract with the Defendant and Japan to be supplied with the blood pressure system for household use (hereinafter “instant contract”) manufactured by the said corporation, and the main contents are as follows.
Article 2 (Supply and Price, Terms and Conditions of Transaction) (2) “A” shall supply “B” (Plaintiff) with the following goods and other goods:
(Unit: won and value-added tax separate) Only 1% of the order quantity provided free of charge only for non-high- and high-pressure blood pressure 43,540 won UA-72C, UA-772C, UA-767, and UA-767 (43,280 won for mutual convenience with respect to the transaction of goods other than those provided for in paragraph (2). In the event the additional contract is not prepared or made, a separate contract may not be additionally prepared for mutual convenience, and even if the additional contract is not prepared or made, the tax invoice or sales confirmed by "A" shall be deemed to have been agreed upon by the Director.
6. Where the United Nations exchange rate (100N) falls below 1,400 won or exceeds 1,500 won after the conclusion of this contract, "A" and "B" shall be subject to adjustment after consultation with the supply price.
Article 3 (Payment of Price) (1) “B” shall, in principle, make a prior payment to “A” in cash at the same time as the order is made.
Article 7 (Distribution Scope) (4) The term “B” may not directly produce, import, or be supplied with goods identical or similar to those supplied from “A” to “A.”
Article 11 (Termination of Contract) (1) "A" and "B" may immediately cancel and terminate a contract when either of the following acts falls under any of the following subparagraphs:
2. When the “B” delays the payment of the price without any special reason;
7. When the terms and conditions of this Agreement are violated or not fulfilled, ② When this Agreement is terminated, all obligations to “B”’s “B” shall lose the benefit of time, and “B” shall immediately discharge all obligations.