A. The Plaintiff is a person engaged in the manufacturing business of industrial machinery, etc. under the trade name of “B,” and the Defendant is a company engaged in the manufacturing business of interior and outside buildings.

B. On May 14, 2015, the Plaintiff entered into a contract with the Defendant to manufacture and supply and install the PE machinery (hereinafter “instant machinery”) at KRW 231,00,000 (including value-added tax).

(hereinafter “instant contract”). C.

The plaintiff manufactured the machinery of this case as stipulated in the contract of this case and completed the supply installation in the defendant's factory.

The Defendant paid 190,000,000 won to the Plaintiff out of the amount stipulated in the instant contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the defendant is obligated to pay to the plaintiff the remaining 41,00,000 won under the contract of this case (=231,00,000 won - 190,000,000 won) and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 10, 2016 to the day of full payment, as sought by the plaintiff, after the date of the supply of the machinery of this case.

3. The defendant's assertion argues that the defendant cannot pay the remaining price because it has not yet been confirmed whether the above machinery works normally due to the lack of trial operation on the instant machinery.

According to the purport of Gap evidence No. 3 and the whole pleadings, Article 4 of the content of the instant contract provides that KRW 100,000,000 for the term “price payment terms” shall be paid on the date of the contract, and the intermediate payment of KRW 40,000,000 for the intermediate payment of KRW 70,000 for the remainder payment and KRW 70,000 for the remainder payment after the completion of each construction work, and it can be confirmed that the completion of the instant mechanical operation does not be the condition for payment.