금형제작비반환
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. Basic facts
A. A. Around December 2014, the Plaintiff entered into a gold-making contract with the Defendant to produce and supply gold-types to produce the above patent license products (hereinafter “instant manufacturing contract”) on the basis of the production cost of KRW 55 million and the delivery date on January 25, 2015 (hereinafter “instant manufacturing contract”).
B. From December 5, 2014 to May 22, 2015, the time following the instant production contract, the Plaintiff paid KRW 48.6 million to the Defendant several times as indicated in the following table:
(The plaintiff asserted that he paid 3.9 million won to the defendant with the gold production price, but there is no evidence to acknowledge it. Furthermore, the plaintiff did not appeal this part). Date amount
1. KRW 10,00,000 on December 5, 2014;
2. 10,00,000 won on December 8, 2014
3. 2,00,000 won on December 16, 2014
4. 5,000,000 won on March 10, 2015
5. KRW 10,00,000 on March 11, 2015;
6. KRW 1,600,000 on April 23, 2015;
7. Aggregate of KRW 48,600,000 on May 22, 2015:
C. The Defendant produced gold punishment in accordance with the instant production contract, and suggested the products in gold form produced from the “J company” in the N in Kimpo-si, Kimpo-si.
However, the plaintiff pointed out the problems of the quality of the withdrawn product and demanded revision of the gold punishment. Accordingly, the defendant revised the gold punishment several times, but the products required by the plaintiff did not disappear.
On July 22, 2015, the Plaintiff sent to the Defendant a certificate of the content that “The gold penalty produced by July 30, 2015, even if it was produced by July 30, 2015,” which was served on July 23, 2015.
On August 3, 2015, the Plaintiff re-issued to the Defendant on August 3, 2015, and sent to the Defendant a certificate of content that “the Defendant would not be able to maintain the instant production contract because he/she did not return the penalty, and if he/she did not receive the penalty by August 8, 2015, he/she would return the gold production price already paid.” This is the Defendant on August 4, 2015.