The plaintiff is a person who manufactures and sells electrical and electronic materials and components, and the defendant is a person who engages in the business of selling secondhand industrial machinery.

On July 7, 2016, the Plaintiff entered into a contract for the sale of machinery and equipment and written agreement annexed thereto, and sold the machinery and equipment owned by the Plaintiff to the Defendant in KRW 1,50,000,000 (VAT separate), which had been leased by the Plaintiff from the Orado Seoul Special Metropolitan City Corporation Co., Ltd. (257-6), to the third floor (8,003 square meters and 2,490 square meters) of the factory.

At the time of concluding the above sales contract (hereinafter “instant sales contract”), the Plaintiff and the Defendant stated that “the buyer (the Defendant) shall complete the shipment of the object within 100 days from the date of the payment of the remainder and restore the leased factory of the seller (the Plaintiff) to its original state (the status immediately before the seller (the Plaintiff) moves into the leased factory)” under Article 4(3) of the sales contract.

On the date of contract, the Plaintiff received KRW 150,000,000 (the value-added tax shall be paid on the balance payment date) from the Defendant as the down payment.

After that, on December 14, 2016, the Plaintiff and the Defendant changed the sales price of the instant sales contract to KRW 1,000,000 (the details of the period of payment and the amount of payment are as follows) and drafted a “a supplementary agreement” with the content that the other matters will comply with the instant sales contract (the instant sales contract).

2. The Defendant, at the time of payment and the amount of payment classified into the installment payments, did not pay the remainder of KRW 150,000,000,000 for each VAT as of December 29, 2016, as well as the intermediate payment of KRW 700,000,000 for each VAT, not later than January 10, 2017, as of January 10, 2017. The Defendant, on December 30, 2016, did not pay the remainder of KRW 50,000,000 for the intermediate payment of KRW 70,000,00,000 for each VAT.

Accordingly, the Plaintiff urged the payment of the unpaid purchase price of KRW 45 million and the removal of machinery and equipment and restoration to its original state, and the Defendant, on January 23, 2017, shall read “a letter of commitment” as follows.