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Reasons
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(영문) 서울남부지방법원 2015.04.09 2013가합19244
물품대금
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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) with 1,056,00.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells industrial equipment and equipment, and the Defendant is a company that carries on semiconductors and FPD (Flat Pislay) inspection equipment business.

B. Around April 2013, the Defendant: (a) selected the Plaintiff as a supplier to install a food equipment system (Glas Sym, etc.; hereinafter “instant equipment”) in a factory (hereinafter “instant factory”), a parent company of the Defendant; and (b) concluded a final agreement with the Plaintiff on May 29, 2013 regarding the supply price and specifications of the instant equipment after consultation with the Plaintiff on several occasions.

Details of the final written estimate for each item (hereinafter referred to as the "written estimate for each item") shall be as specified in the attached Form.

An amount of unit price of product quantity (excluding value-added tax, unit: Won) 4,025,114,000

1. GLAS SOLMING 1st 2,908,000,000 2,908,000,000;

2. GLAS FINAL CAL 264,100,000 264,100,000;

3. FILTS SYSY 2nd 145,600,000 291,200,000;

4. WT SCRBBER SYTS (600CM) 1:84,300,000 184,300,000;

5. Medicine TPPK DDRIN (wastewater) 178,759,000 for 178,759,000;

6. Estimated estimate as above 1 to 198,755,000 198,755,000 198,755,000 198,00 198,00 198,75,000

NEGO on May 29, 2013: 【2,950,000,000 FINAL NEGO: 【3,200,000

C. On June 24, 2013, the Plaintiff entered into a contract with the Defendant to manufacture and supply the instant equipment to the instant factory (hereinafter “instant contract”). On May 30, 2013, the Plaintiff received KRW 1,056,000,000 (including value-added tax) as advance payment for the instant contract, from the Defendant as an advance payment for the instant contract.

The main contents of the instant contract relating to the instant case are as follows.

The plaintiff and the defendant agree with respect to the purchase of equipment as follows:

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