1. The Defendant’s KRW 49,500,000 as well as 5% per annum from February 6, 2018 to January 10, 2019 to the Plaintiff.

Basic Facts

On July 3, 2015, the Plaintiff entered into a contract with the Defendant (mutual name: D) with the following terms:

(hereinafter referred to as the “instant contract”). Article 1 of the Product Name Standard Amount (won) gantry Crane 20 to 170,000,000: The total amount of contract deposit shall be KRW 70,000,000 and value-added tax shall be separately imposed.

Article 3:A (Plaintiff) shall pay to B (Defendant) the amount of KRW 38,500,000 (including VT) which is 50% of the contract amount as the contract deposit at the same time as the contract deposit within three days from the date of the contract completion agreement, and the balance shall be paid in full after completion inspection.

Article 4:The period of payment and place of delivery shall be from July 3, 2015 to July 31, 2015 to be completed at the place designated by A.

Article 7:B If the payment period has been delayed due to the negligence of B, the amount equivalent to 1.5/1,000 of the contract amount per day from the date of delay shall be paid to A with delay compensation.

(Provided, That if the Corporation is delayed due to a natural disaster, natural disaster, and on-site work conditions of A: Article 9: (1) In the event that A fails to pay the price within the period specified in Article 3, B shall take all legal measures, including damages, without delay, or A shall not raise any objection even if the goods of this Agreement are recovered.

On July 6, 2015, the Plaintiff paid a contract deposit of KRW 38.5 million to the Defendant.

When the Plaintiff had interrupted the acquisition of a place of business where the Plaintiff intended to install the said cream, and the establishment was delayed accordingly, the Defendant sent the scheduled notice of termination of the contract to the Plaintiff around November 30, 2015, as follows:

피고는 2015. 12. 10. 원고에게 ‘품목: 겐츄리크레인중도금, 규격: 20톤, 공급가액: 1,000만 원, 세액: 100만 원’으로 하는 전자세금계산서를 발급하였다.

On March 17, 2016, the Plaintiff paid KRW 11 million to the Defendant.