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1. The Plaintiff (Counterclaim Defendant) paid KRW 2,558,893,645 to the Defendant (Counterclaim Plaintiff) and its related amount from May 21, 2014 to December 10, 2015.
Reasons
1. Basic facts
A. On August 8, 2013, the Plaintiff entered into a contract for the manufacture and supply of Baraling Gant Cre (76.6m x 32m x 40m x 40m ; hereinafter the same shall apply) with EEP by EEP, an EEP shipbuilding, which is a corporation located in Brazil, entered into a sales contract with the Doro-Gu Doro-Gu Dorodi S. (hereinafter “EP”) (hereinafter the instant export contract”).
B. The Plaintiff and the Defendant entered into a transport contract between the Plaintiff and the Defendant: (a) on August 28, 2013, in order to select a specialized company for transporting up to one copy of the EEP shipbuilding station, the Plaintiff: (b) opened a transport specifications presentation on August 28, 2013; and (c) selected the Defendant as a transport company on September 27, 2013, upon receiving a tender from the transport company for the transportation of the instant scrap; and (b) on February 14, 2014, by adjusting the vessel entry schedule, the Plaintiff and the Defendant entrusted the business of transporting the instant scrap to the ETP shipbuilding station in Korea; and (c) entered into a transport contract (hereinafter “instant contract”).
3) The content of the instant transport contract is as shown in attached Form 1. The ship plan (date of entry into a port of loading) is determined from May 13, 2014 to May 25, 2014. The instant transport contract is accompanied by the transport specifications of August 20, 2013, prepared by the Plaintiff during the bidding process prior to the conclusion of the instant transport contract, and distributed to the participants in bidding, including the Defendant, etc.
(B) As regards the instant cream carriage, the contract of carriage with the owner of the instant cream to load and transport the instant cream onto the ship and to load and unload the ePEP shipbuilding. (hereinafter “the contract”).