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1. The Defendant (Counterclaim Plaintiff) paid KRW 56,144,255 to the Plaintiff (Counterclaim Defendant) and its related amount from June 14, 2016 to June 23, 2017.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff as a party is a company selling Sglass and Sglass in Gangnam-gu Seoul Metropolitan Government B and 5, and the Defendant is a company that produces Sglass and Sglass with its place of business located in 72, Daegu Northern-ro 67-ro 72.
B. The Plaintiff’s first order: Around July 10, 2015, the Plaintiff sent an order to the Defendant for the model MC-7, MC-18, and MC-19 model, which is a safe product, in the e-mail of the Defendant Company C, and requested the Defendant to submit a quotation at the same time. At that time, the Plaintiff deposited KRW 20,00,00 as the down payment for the production of the MC-7, MC-18, MC-19 model.
Since then, the plaintiff and the defendant finally confirmed the quantity after consultation with the defendant, and the defendant issued a quotation with the delivery deadline on October 10, 2015 as of July 17, 2015.
(C) The Plaintiff’s second order: (a) around August 24, 2015, around the Plaintiff’s second order: GL-9, GL-10, and GL-11 model, the Plaintiff, among the Plaintiff’s design model, ordered the Plaintiff to additionally order GL-9, GL-10, and GL-11 model, which is a product in the inner border, to complete shipment until November 10, 2015; and (b) the Defendant, accordingly, ordered the Plaintiff to complete shipment until November 10, 2015; and (c) accordingly, the Plaintiff sent an order after confirmation of the ordered volume of the model (hereinafter “second order”). In such case, the Plaintiff requested the Defendant to immediately send a written estimate, but the Defendant did not send a written estimate.
The Plaintiff’s three orders: (a) around August 20, 2015, the Plaintiff, among the Plaintiff’s design model, ordered the volume of PL1-GL8, GL12, and RP01-03 model model, which is one of the instant design model; (b) PL1-GL8, GL12, and RP01-03 model; and (c) the nature of PLL, which takes the place of ordering production, received orders from the customer after sampling exhibitions around October 2015, and the volume of orders becomes final and conclusive; and (d) the fixed number of orders shall be completed by the end of January 2016.