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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 110,00,000 and its payment from August 8, 2018.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion (principal suit) entered into a gold-conditioning contract with the Defendant, and supplied the Defendant with a sum of KRW 14,63 million from December 2, 2014 to July 2015, and the unpaid amount is KRW 39,300,000,00 for the Defendant. As such, the Defendant is obligated to pay the Plaintiff KRW 39,30,000 and damages for delay.
B. Defendant’s assertion (Counterclaim) that the Plaintiff did not produce and supply the gold punishment stipulated in the above gold-type production contract. As such, the gold-type production contract between the Plaintiff and the Defendant was rescinded according to the Plaintiff’s nonperformance of obligation as above. Accordingly, the Plaintiff is obligated to return to the Defendant the price of KRW 110 million paid by the Defendant due to its restitution to its original state, or to pay the penalty of KRW 167,659,800, as part of the penalty for delay stipulated in the above contract, upon selective delay of the Plaintiff’s gold supply, as the Plaintiff paid the penalty of KRW 110 million.
2. Determination on the principal lawsuit and the counterclaim claim
A. In addition to the purport of the entire pleadings in the testimony of the witness C, the Plaintiff and the Defendant entered into a contract for the production and supply of gold plates (hereinafter “instant contract”) necessary for the production of a cold and hot water purifier on December 22, 2014 (including value-added tax) (hereinafter “instant contract”), 6,000 won (including value-added tax), and the Plaintiff and the Defendant entered into a contract for the production and supply of gold plates (hereinafter “the gold plates”), 350,000 won for the production and supply of gold plates, 350,000 won for the aforementioned gold plates, 300,000 won for the payment in advance at the Plaintiff’s request, 30,000 won for each of the above gold plates, 30,000 won for the production and supply of gold plates, 30,000 won for each of the above gold plates, 35,500,000 won for each of the above gold plates production, 35,0000,0000 won for each of the remainder.