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1. On October 15, 2016, the Plaintiff (Counterclaim Defendant) paid KRW 29,400,000 to the Defendant (Counterclaim Plaintiff) and its related amount.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On January 11, 2012, with respect to B Co., Ltd. (hereinafter referred to as “B”), rehabilitation procedures began on January 11, 2012 by Gwangju District Court 201hap35, and D, which was the representative director of B, was appointed respectively as joint managers on July 31, 2013, and December 12, 2014 by C, and D was dismissed from office as custodian on May 18, 2015.
B. On June 22, 2015, the Plaintiff entered into a shipbuilding agreement with the Defendant with the following terms (hereinafter “instant building agreement”) and entered into a shipbuilding agreement (E).
In the construction contract of this case, paragraph 1 (1) (1) of the relevant terms and conditions of the construction contract of this case (the indication of the subject matter of the contract) 1: 1st: 2th main vessel: the total contract amount of the ship FRP, the building tonnage 46, the offshore transit of the business type, the length of 23.6m, 23.6m, 6.17m in length, 2.00m in depth, and 2.00m in depth of 2.0m in length (the contract amount) shall be e.g., e., g.
1) Down payment: 68,000 Won - Payment at the time of the contract (Provided, That the construction shall be carried out after obtaining permission from the Gwangju District Court.
(2) 2) The first intermediate payment: Samcheon million won ( e.g. 32,00,000) - the second intermediate payment: within 15 days after the contract - the second intermediate payment: one hundred million won ( 100,000,000) - the third intermediate payment after the loading of equipment: the remainder of KRW 100,000 ( e.g. 100,000) - the period of KRW 50,000 ( e.g., e., 380,00,000) shall be paid at the time of ship acquisition. Paragraph 3 (1) (a contract period): the scheduled date of delivery: paragraph 5 (2) "the date and place of delivery" (B) shall correspond to the date and place of delivery; if the period of delivery is extended from September 15, 2015 to the date and place of delivery of the vessel A (hereinafter referred to as "the Plaintiff’s automatic supply of the vessel A") shall be extended from the date and place of delivery.