beta
Text
1. The Defendant’s KRW 30,667,00 for the Plaintiff and KRW 6% per annum from November 6, 2015 to February 14, 2017.
Reasons
1. Basic facts
A. The Defendant, who is engaged in the manufacturing, wholesale, etc. of industrial machinery, concluded a contract for the supply and trial operation of steel facilities with CSVC (CSVC), which is the revocation company of Vietnam, and entered into an electrical panel, various licenses, and a trial operation contract (hereinafter “instant contract”). On April 8, 2013, the Defendant entered into a contract with the Plaintiff engaging in the manufacturing, installation, etc. of automatic control measurement equipment, with the amount of USD 400,000,000 as the contract amount between the Plaintiff and the Plaintiff.
B. According to the instant contract with the Defendant, the Plaintiff agreed to supply the electrical control equipment and control program for the electrical control equipment supplied to the RCR (RCR) among the steel equipment and its control program, as well as the air control equipment and its control program supplied to the JL (Inspine, Crehing inspection equipment) to the local factory located in Vietnam, pursuant to the instant contract with the Defendant.
C. Meanwhile, with respect to the payment of USD 40,00,000, which is 10% of the price at the time of the instant contract, the Plaintiff and the Defendant agreed to pay the remainder to the Plaintiff when the Defendant received FAC delivery from CSSC (FAC).
With respect to the RCR among the steel facilities of the CRV local factory, the FAO procedure was completed. On January 2016, the Plaintiff paid 10% U.S. dollars 14,000 out of the Defendant’s price for the part related to the RCR, but the Plaintiff did not receive 10% U.S. dollars 26,00 out of the price for the INL, on the ground that the FAO procedure was not completed.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Summary of the parties' arguments
A. A. A summary of the Plaintiff’s assertion 1 pursuant to the instant contract, around May 2013, the Plaintiff supplied electrical control equipment and control programs for the electrical control equipment supplied toINL to the CSSV local factory, and run a trial by October 2013.