기계인도 등
1. Of the judgment of the court of first instance, the money that orders the following payment concerning the principal lawsuit is corresponding to the plaintiff (Counterclaim defendant).
1. Facts of recognition;
A. From April 15, 2010, the Plaintiff entered into a research and development agreement with the Plaintiff on the basis of the research funds provided by the Plaintiff and the Plaintiff, under the name of the “Korea University Industry-Academic Cooperation Foundation and Green Whole grain’s mass production and processing and distribution,” and the Plaintiff entered into a research and development agreement with the Plaintiff.
B. On April 16, 2010, the Plaintiff and the Chungcheongnam-Namnam University Industry Cooperation Foundation entered into a contract for the supply of the instant first machinery from the branch industry on May 15, 2010, to supply the machinery listed in the table Nos. 1 (hereinafter “instant machinery”) and the machinery listed in the table Nos. 1 (hereinafter “instant 1 machinery”) to KRW 65,50,000 for the payment by May 15, 2010.
C. Thereafter, the Plaintiff paid KRW 47,090,995, respectively, on four occasions from September 30, 2010 to January 17, 2011, to the Jeonju University Industry Cooperation Foundation, which was entrusted with research and development by the Plaintiff, a research institute in charge of the industrialization of the instant machinery No. 1, and green Whole grain for the dissemination of farming technology.
On April 26, 2011, the Plaintiff concluded a contract for the production and installation of the Alreale Construction System with the Defendant (a stock company B changed its trade name to the Defendant on September 11, 2012; hereinafter the same shall apply) and the machinery listed in the attached table No. 2 (hereinafter referred to as “instant machinery”) (the sum of the machinery listed in the 1 and 2 in the instant case is 69,300,000 won for the total price of each of the instant machinery) by manufacturing and installing up to May 20, 201; however, the Plaintiff concluded a contract for the construction and installation of the Alreale Construction System with the penalty for delay of the installation of the supply at 1/1,000 of the daily contract amount (hereinafter referred to as “instant production and installation contract”).
E. On May 20, 201, the Plaintiff received supply of the instant 2 machinery from the Defendant and operated a test.