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1. The Plaintiff (Counterclaim Defendant) shall pay 300,000,000 won to the Defendant (Counterclaim Plaintiff) and its payment from September 2, 2017.
Reasons
1. Basic facts
A. The Plaintiff is a company operating the steel structure manufacturing business, and the Defendant is a company operating the industrial machinery manufacturing business.
B. Around 2015, the Defendant entered into a contract with C (hereinafter “C”) for the supply of coal transport systems for factories in Chile, and around August 4, 2016, the Plaintiff entered into a contract with the Plaintiff for the production and supply of machinery parts and steel structure necessary for the said coal transport system in total with the contract amount of KRW 3,241,70,000 (excluding value-added tax) (hereinafter “instant supply contract”) as follows.
(1) The contract price for the supply of machinery parts: the payment period of KRW 714,80,00 (excluding value-added tax): November 30, 2016: the contract price for the supply of steel structure: KRW 2,526,90,00 (excluding value-added tax): October 30, 2016 (T-210) and November 30, 2016 (after this, the first period is changed to November 30, 2016);
C. According to the instant supply contract, when the Plaintiff submitted the performance guarantee insurance policy, advance payment performance, etc., the Defendant would pay 20% of the contract amount as advance payment. On August 10, 2016, the Plaintiff entered into a guarantee insurance contract with D Co., Ltd. (hereinafter “D”) with the insured as the Defendant in relation to the instant supply contract, and issued the said securities to the Defendant.
Accordingly, on August 16, 2016, the Defendant paid the Plaintiff KRW 1,807,256,00 (including value-added tax) and KRW 555,918,000 (including value-added tax) in advance from the contract for the supply of steel structure until December 22, 2016. The Defendant paid the Plaintiff a total of KRW 1,807,325,440 (the amount excluded from value-added tax; hereinafter the amount excluded from value-added tax) and directly paid the price for E and F at the Plaintiff’s request. By December 22, 2016, the Defendant directly paid the price for E and F pursuant to the instant supply contract.