물품대금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of lawsuit;
On December 2016, the defendant was awarded a contract with C Co., Ltd. for the business of installing a share of robot to D E reservoir located in the period of harmony.
On January 20, 2017, the Defendant issued design drawings to the Plaintiff at KRW 48,00,000 with the contract amount as KRW 48,00,00, and the Plaintiff entered into a contract with the terms that the Plaintiff manufactures and supplies 30 sets of robot water parts, such as vessel tighting, negligence and processed egg products (hereinafter “instant contract”).
The defendant paid 24,00,000 won to the plaintiff as advance payment.
The plaintiff delivered goods manufactured to the defendant on March 2017.
[Recognizing the existence of a dispute over a part of the facts, Gap evidence No. 2 and the entire purport of pleadings, the so-called production supply contract under which one of the parties to the judgment on the claim for the price of the contract of this case provides the goods made by using his own materials according to the order of the other party and the other party agrees to pay the price for the contract of this case has the nature of sale and contract as a substitute in terms of the nature of contract and the nature of the sale and contract in terms of supply. Thus, the applicable law applies to the case where the goods to be produced and supplied under the contract are substitute goods. However, if the goods are the ancillary goods to meet the demand of a specific ordering party, their production together with the supply of the goods are the main purpose of the contract (see, e.g., Supreme Court Decision 2004Da21862, Oct. 13, 206). The contract of this case is a contract for the manufacture of the goods and supply of the crops under the defendant's demand, and in particular, the goods and supply of this case can not be counter to the contract.