매매대금
1. The judgment of the court of first instance is modified as follows.
The defendant shall set up the annexed 2 machine list (facilities) table from the plaintiff.
1. Basic facts
A. On February 16, 2016, the Plaintiff sold to the Defendant 40% of the Plaintiff’s share on the items listed in the separate sheet No. 1 awarded jointly with the Defendant in the procedures for the auction of corporeal movables C in Gwangju District Court in KRW 100,000,000 on the date of the contract, and the intermediate payment of KRW 40,000,000 on February 23, 2016, to offset the remainder by the sand produced by the Defendant after delivery of the machinery.
(hereinafter referred to as “the first sale contract”). B.
In addition to the first sale contract, the Plaintiff and the Defendant concluded a sales contract to sell the items listed in the annexed 2 List (facilities) to the Defendant for KRW 50 million (hereinafter referred to as “the second sale contract”); and the Plaintiff transferred the items listed in the annexed 2 List (Facilities) No. 1, 4, and 6 to the Defendant.
C. On February 16, 2016, the Defendant transferred each of the KRW 110 million to the Plaintiff, KRW 40 million on February 23, 2016, KRW 20 million on March 3, 2016, KRW 20 million on March 3, 2016, and KRW 10 million on March 21, 2016.
Meanwhile, between September 16, 2015 and December 5, 2015, the Plaintiff was supplied with sand 4897 equally from the Defendant. On January 23, 2016, the Plaintiff drafted a receipt to the effect that I, the Defendant’s actual operator, was paid KRW 25 million as a bill, and 20 million as a loan, respectively.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 2, 4, 5, 6, Eul evidence Nos. 3, 5, 6, 7 (including branch numbers), and the purport of the whole pleadings
2. The parties' assertion
A. (1) On February 16, 2016, the Plaintiff’s primary argument (1) concluded a sales contract with the Defendant to sell one of the transformers owned by the Plaintiff at KRW 50,000,00,000, and delivered a system related to the transformers to the Defendant. Since the Defendant paid only KRW 10,000 to the Plaintiff and did not pay the remainder to the Plaintiff, the Plaintiff is obligated to pay the remainder of the purchase price of KRW 40,000.