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1. The Plaintiff (Counterclaim Defendant) shall pay 82,800,000 won to the Defendant (Counterclaim Plaintiff) and its payment from September 24, 2014.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. The Plaintiff is a company that runs trade and wholesale and retail business with the trade name of “B,” and the Defendant is a company with the purpose of producing plastics, plastic packaging materials, and e-mail.
B. On January 13, 2014, the Plaintiff entered into a sales contract with the Defendant on the following terms (hereinafter “instant sales contract”). The Plaintiff entered into a sales contract with the Defendant to sell the closure machine (hereinafter “the closure machine of this case”) imported from the TAI LIN company from the Defendant:
The Plaintiff shall be the seller “A”, and the buyer shall be the Defendant “B” and the “A” and “B” shall enter into a contract as follows:
Article 1 (Purpose) “A” means a contract for the sale of machinery to “B” and “B” purchases this.
Article 2 (Sales Price) Sales Price shall be KRW 113,00,000 in total, and “B” shall be paid to “A” as follows:
1. 16,950,000 won shall be paid as down payment, which is 15% of the price of machinery on January 13, 2014.
2. The intermediate payment shall be paid 50,850,000 won for the machinery cost of March 20, 2014 after the factory laboratory.
3. By March 31, 2014, the following machinery shall be paid 45,200,000 won for any balance remaining after the arrival of a factory designated by “B” and the completion of trial operation after the completion of the construction of the machinery:
Article 3 (Delivery Deadline) “A” shall have the following machinery installed in the factory designated by “B” by March 31, 2014 and delivered to “B”:
Article 5 (Duty of Guarantee) “A” guarantees that a person has the performance as a straw of machinery and submits a defective performance guarantee instrument to “B” in order to certify that person has the performance.
In addition, in the presence of "B", the performance of a trial run after installation (1,400-1,500-1,8 hours per day), shall be proved.
Article 7 (Cancellation of Contracts)
1. “B” is delivered by no later than the date specified in Article 2, and any balance remains even after the completion of installation and trial operation.