매매대금
1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 19,60,000 as well as the full payment from February 16, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On January 28, 2016, the Plaintiff sold to the Defendant construction machinery “D” (hereinafter “instant machinery”) manufactured in “C” company at KRW 196,00,000 (excluding value-added tax). On February 29, 2016, the Plaintiff drafted a sales contract as follows.
(hereinafter “instant contract”). (1) Article 2 (Simultaneous Implementation, etc.) The Plaintiff shall deliver to the Defendant documents and objects of sale necessary for the report on the change of registered matters due to the receipt and repayment of the balance.
(2) After acquiring construction machinery, the defendant shall not be held liable to the plaintiff for the failure, defect, etc. of the construction machinery.
(3) Any administrative disposition taken before the delivery of construction machinery or any report on any change in registered matters, which are required by Article 5.
The plaintiff shall be liable for any defect such as a defect in the proposal cost, etc.
(4) If a defendant fails to make a report on any change in the registered matters within the prescribed date after he/she takes over the subject matter of sale, he/she shall be fully liable therefor.
B. The Defendant paid KRW 46,000,000 to the Plaintiff on February 2, 2016, and KRW 46,000,000 on February 11, 2016.
C. On February 15, 2016, F, an employee of E Co., Ltd., came to know that the G Co., Ltd., at the Plaintiff’s request, had a model engine, not the G Co., Ltd. model engine, but the G Co., Ltd., to be installed in the process of checking the instant machinery, and notified the Plaintiff and the Defendant thereof.
On February 29, 2016, the Defendant drafted a sales contract with the Plaintiff on February 29, 2016 to register the transfer of ownership, and received documents necessary for the registration of transfer of ownership from the Plaintiff and completed the transfer of ownership on March 10, 2016.
E. The Defendant passed a regular inspection on August 2016 after the delivery of the instant machines.
[Reasons for Recognition] Gap evidence Nos. 1 through 3, 6, 15, and Eul evidence No. 1, and this Court.