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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff).
Reasons
1. On March 4, 2016, the Plaintiff entered into an import agency contract for machinery (hereinafter referred to as “instant contract”) with the Defendant and the Defendant for manufacturing in the name of the Plaintiff and supplying it to the Defendant by requesting the Chinese company the package equipment indicated in the separate sheet (hereinafter referred to as “instant machinery”).
Of the contents of the instant contract, the part relating to the instant case is as follows.
Defendant A: The types, quantities, amount, and incidental expenses of the machinery to be supplied to the designated place of Party A by importing the signs of the machinery manufactured and imported by Plaintiff B shall be as follows:
The detailed specifications and contents of the machinery shall be replaced by a separate sheet or a written estimate.
Items A’s designated place of delivery Party A, including VAT, of the instant machine 1 set 38,200,000,000 won in the unit price of the item, includes all all the incidental expenses incurred in importing the instant machine and transporting it to the factory at the address designated by Party A.
Provided, That all other installation expenses incurred in the factory after transportation shall be separately imposed.
Article 3 Payment of 38,280,000 won for total machinery payments shall be made as follows:
(1) The instant mechanical contract deposit: At the same time as the conclusion of the contract, the amount corresponding to 35% of the total contract amount shall be paid at KRW 13,398,000.
(2) Imported intermediate payments: payment of KRW 13,398,00 for intermediate payments of KRW 35% of the contract amount after the completion of the manufacture of the instant machinery, which is a contract item, after hosting at the place designated by A.
(3) Balance: A must pay 5,742,00 won at the end of the month as of the date of entry into the designated place and pay 5,742,00 won equivalent to 15% of the down payment at the end of the following month after confirming that the machinery was entered into the designated place and operated normally.
Article 4 (1) The payment period and place of delivery (1) shall be delivered to the designated place of A by April 21 from the date of the contract (the contract).
(2) Korea designated by A.