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1. The Plaintiff (Counterclaim Defendant) paid KRW 461,698,179 to the Defendant (Counterclaim Plaintiff) and its amount from February 1, 2018 to September 20, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On July 26, 2011, the Defendant concluded a subcontract (hereinafter referred to as “the first subcontract”) with the Plaintiff to subcontract “the production and supply works of the UAE 1 to 4 UAE M250 CY 230 C, which was contracted by the Korea Electric Power Corporation and entered into between the Plaintiff and the Plaintiff as follows.
1. Terms and conditions, including design, approval, production, supply, and inspection, of the design of the UAE 1-4 UAE M250 Crep and the design, approval, production, delivery, and quantity of the design: Total of 230 feet;
3. Delivery place and inspection place: The conditions of the difference between the defendant's advanced factory and the inspection place;
5. Contract amount (including value-added tax): 5,060,000 won;
6. Period of delivery: From November 15, 2013 to October 31, 2018 (based on FOB) (Provided, That the period of payment shall follow the schedule before the due date);
7. Terms and conditions of payment: 100% of the amount supplied by the defendant within seven days after the delivery as a condition for payment in cash; 12. Payment in delay: 1.5/1000 (if any one day is delayed), 1.5/100 (if any of the terms and conditions of a contract for supply in goods)
1. When a plaintiff has passed an inspection of completed portion of a construction project or a completion inspection, he may request the defendant to pay the contract amount.
Article 13 (Performance Delay)
1. When the plaintiff fails to complete the construction within the period specified in the contract, the amount calculated by multiplying the contract price by the rate for delay specified in the contract shall be paid in cash to the defendant for each number of days immediately.
B. After that, on January 5, 2015, the Defendant entered into a subcontract with the Plaintiff on the following terms (hereinafter collectively referred to as “the second subcontract”), which changed the supply volume from 230 to 92 feet, the subcontract price from 5 billion to 2.82 billion won, respectively, from 5 billion to 2.23 billion won (hereinafter collectively referred to as “the second subcontract”), and the first second subcontract collectively referred to as “the instant subcontract”).
1.The design, approval, production, delivery, inspection, and quantity of the product name 1 to 4 U.S.A. M250 Crecrop design, approval, production, delivery, inspection, etc.