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1. The Defendant (Counterclaim Plaintiff) paid KRW 20,700,000 to the Plaintiff (Counterclaim Defendant) and the amount from December 12, 2017 to December 6, 2019.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The status of the parties is that the Plaintiff is engaged in the automobile parts manufacturing business with the trade name called C, and the Defendant runs the gold-type manufacturing business with the trade name called D.
B. 1) E Co., Ltd., upon developing F, a sports club, ordered G Co., Ltd. to supply vessel-related parts. G Co., Ltd. (hereinafter “H”)
2) On the other hand, H placed an order for the supply of BRCKT, FRON LEV (LH/RH), DRIVING WTP (LH/RH), etc. (hereinafter “instant parts”) to the Plaintiff. The Plaintiff again ordered the Defendant to manufacture the gold mold (hereinafter “instant gold mold”) for the manufacture of the said parts.
3) Accordingly, on August 26, 2016, the Defendant: (a) as indicated in the first estimate column in the following table with respect to the gold penalty of this case to the Plaintiff on August 26, 2016, total of KRW 198,500,000 (excluding value-added tax; hereinafter
(2) On August 28, 2016, after consultation, the Plaintiff submitted a written estimate of KRW 164,016,641, a total of 164,641, as indicated in the second estimate as indicated in the table below. On September 5, 2016, the Plaintiff and the Plaintiff finally agreed on September 5, 2016, as indicated in the “final agreed price” column in the table below, i.e., an I Agreement (hereinafter “instant Agreement”).
(C) On October 17, 2016, the Plaintiff paid the down payment of KRW 36,00,000 to the Defendant on October 27, 2016, and the Defendant supplied the Plaintiff with the first sampling of the parts produced from the gold of this case on September 27, 2016.
2. On December 29, 2016, the Plaintiff and the Defendant convened a meeting to correct the penalty and prepared the minutes specifying the details of the amendment of the penalty in this case. The Defendant will deliver the penalty revised to the Plaintiff by reflecting the foregoing by January 16, 2017.