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1. The Defendant (Counterclaim Plaintiff) paid KRW 35,219,410 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from February 11, 2016 to June 23, 2017.
Reasons
1. Facts of recognition;
A. On September 2, 2015, the Plaintiff entered into a contract with the Defendant to process and supply and install C-PVC with the following content in order to build a sprink in the apartment household unit (hereinafter “instant contract”).
- The supply amount of KRW 125,00,000 (excluding value-added tax of KRW 10%; hereinafter the same shall apply) per unit price (per won) for non-high-class 10,875 3,500 38,062,500 125,000,500 125,000 87,000,000 87,000,000 87,000 87,000,00 125,062,50 - The supply period of goods shall be from September 2, 2015, and the delivery place shall be from the Sejong apartment site.
-The delivery of goods (the same shall apply to the manufacture) shall be made upon the instruction of the inspector.
When there is a change in the quantity later, the contract shall be increased or decreased by applying the unit price on the contract statement.
Items with no contractual unit price shall be calculated and determined as the rate of application of the contractual unit price in accordance with the standards for factory roads and collaborations, and shall be calculated and processed in the future as the actual delivery quantity.
- When various inspections are required before and after the delivery of goods, the plaintiff shall provide materials necessary for the tests without compensation, and the plaintiff shall bear all the administrative procedures and the expenses incurred thereby.
- The defendant shall pay the goods supplied each month in cash on the 10th day of the following month, in accordance with the request (including the account statement) accompanied by the inspector's certificate and receipt certificate designated by the defendant.
- The Defendant may cancel the contract when the Plaintiff did not perform its obligations under the contract.
- In order to guarantee the goods supplied and constructed, the warranty period shall be fixed for 24 months from the date of the completion of pipes, and the plaintiff must deposit with the defendant the warranty insurance policy equivalent to 10% of the down payment with the warranty bond until the warranty period is completed.
Provided, That if there is a prior consultation between both parties, it is not so.
- the ownership of the material paid.