매매대금
1. Of the judgment of the first instance court, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and the Plaintiff (Counterclaim Defendant) corresponding to that part shall be revoked.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a person who manufactures and sells machinery in the trade name of “C,” and the Defendant is a person who runs metal-related treatment business, etc. in the trade name of “D.”
B. The Defendant has been engaged in the process of melting both sides of the “Racle” portion of the motor vehicle parts in which color painting is colored for business purposes (hereinafter “the adjoining part of this case”). In this case, the part to be melting treatment should be removed in advance, and until before relocation, the part to be melting treatment was removed from the page of this case, but it was intended to seek the manufacture and use of the removal machinery for the purpose of saving personnel expenses.
C. Accordingly, on October 4, 2013, the Defendant entered into a contract for equipment development services (including value-added tax) with the Plaintiff to remove paints from the contact part of the instant machinery (hereinafter “instant machinery”) with the content of manufacturing and receiving KRW 20,90,000 from the service cost (hereinafter “instant contract”). On November 201, 2013, the Plaintiff and the Defendant changed the design drawings to four disc chairss, and then increased the service cost to KRW 2,585,00 (including value-added tax).
Meanwhile, the Plaintiff received a total of KRW 14 million from the Defendant, including the service cost of the instant machinery, KRW 6 million on October 15, 2013, and KRW 8 million on January 29, 2014.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through Gap 3, Gap 13, 14, Eul 2 and 8 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings and arguments
2. Determination on the main claim
A. Since the Plaintiff’s assertion 1 by the parties concerned delivered the instant machinery completed by the Plaintiff to the Defendant under the instant contract, the Defendant excluded the Plaintiff from KRW 14 million already received out of the service payment of KRW 2585 million.