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(영문) 인천지방법원부천지원 2017.08.31 2016가단22341
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 29,531,00 to the Defendant (Counterclaim Plaintiff) for KRW 29,531,00 and for this, from October 21, 2016 to August 31, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation that manufactures and sells drugs, and the defendant is a corporation that manufactures and sells machinery.

B. On July 3, 2015, the Plaintiff entered into a contract for the purchase of Vietnames and the process of performance thereof; 1) on July 3, 2015, the machinery attached with labels from the Defendant and the Defendant to medicine (hereinafter “instant labelling machine”).

The contract for purchase was concluded, and the main contents are as follows. Items and models are as follows. Items and models: 30% of down payment, 15,900,000 won (VAT separate): 70% of the balance, 37,100,000 won (VAT separate), and 37,100,000 won on August 15, 2015 on the delivery date (VAT separate): Change of the specifications: A part of the specifications may be changed at the time the Plaintiff deems it necessary during the production, and if the extension of the production period and the amount of production need to be increased or decreased, the Plaintiff’s prior approval shall be obtained. The Plaintiff’s completion of inspection at the Defendant’s factory. 9: The Defendant must strictly maintain the payment period, and the Defendant shall not calculate purchase price of 53,000,000 won, and the Defendant shall submit the Plaintiff’s statement of approval for a natural disaster and submit it to the Plaintiff.

(2) On July 10, 2015, the Plaintiff paid the Defendant the sum of KRW 17,490,000,000 for down payment and surcharges. The Defendant supplied the instant labelling device to the Plaintiff on December 2, 2015.

C. On August 27, 2015, the Plaintiff entered into a purchase agreement for and implementation process of the Austria Packing 1) the Plaintiff, from the Defendant, on August 27, 2015 (hereinafter referred to as “the instant Austria Packaging”).

The contract for purchase has been concluded, and the main contents are as follows. Items and models: 1SET, amount of 42,00,000 won (VAT separate): 30% of down payment, 12,600,000 won (VAT balance 70% of the remainder, 29,400.

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