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(영문) 인천지방법원 2019.01.23 2018가단214400
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) from July 17, 2018 to the Defendant (Counterclaim Plaintiff) Co., Ltd. 10,891,640 won and its related amount.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the development of materials related to heating and cooling systems and the manufacture and sale business, and the Defendant Company is a company engaged in the manufacturing business of industrial machinery, etc.

B. On October 23, 2015, the Plaintiff entered into a contract with the Defendant Company to enter into a contract for the supply and installation of a facility (hereinafter “instant contract”) with the construction cost of KRW 120,000,000 (excluding value-added tax) and within 70 days from the payment date of the down payment to the supply and installation of the pipe’s raw materials (hereinafter “instant contract”).

C. Until March 2016, Defendant Company built the above pipeline facilities, and the Plaintiff did not pay KRW 60,000,000 to Defendant Company on the ground that the Plaintiff incurred losses due to delay in the construction of the Defendant Company.

After that, on September 13, 2017, the Plaintiff and the Defendant Company leased the Plaintiff’s mechanical facilities (Pipe facilities and automation facilities), including the Plaintiff’s factory, building, etc. (hereinafter “the instant real estate”), and the Plaintiff’s vehicle inside the factory, etc. as lease deposit amount of KRW 5,00,000,000, monthly rent of KRW 6,970,000 (value added tax, and payment from October 2017 to the last day of each month). The Plaintiff and the Defendant Company manufactured and installed the processing and production equipment (hereinafter “coppy equipment”) using the Plaintiff’s mechanical facilities and equipment, and supplied the Plaintiff with the processed and processed equipment and related goods, etc. using the Plaintiff’s equipment and poppy equipment, and paid the Plaintiff the remainder of the lease deposit amount of KRW 55,00,000,000 among the lease deposit amount of KRW 30,000,000,000.

E. The Plaintiff and the Defendant Company are entering into the instant contract on September 13, 2017.

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