위약금
1. The part concerning a counterclaim in the judgment of the first instance shall be revoked;
2. The plaintiff (Counterclaim defendant) is 78,000.
1. In the first instance court’s trial scope, the Plaintiff filed a claim against the Defendant for reimbursement of KRW 810,000,000 for damages, and the Defendant filed a counterclaim with the Plaintiff seeking reimbursement of KRW 78,00,000,000, which was paid as a result of restitution following the cancellation of a contract for supply of goods. The first instance court dismissed all the Plaintiff’s claim against the principal lawsuit and the Defendant’s counterclaim claim against the Defendant.
Accordingly, since the defendant only appealed against the counterclaim part of the judgment of the court of first instance, the subject of the judgment of this court is limited to the counterclaim part of the defendant's counterclaim.
2. Judgment on a counterclaim
A. The facts of recognition are the company that aims at the manufacturing business of household appliances. The defendant is a company that aims at the manufacturing business of household appliances. On July 18, 2016, the plaintiff and the defendant concluded a contract with the plaintiff that the plaintiff will supply 1,000 household appliances cleaning machine (the model name 889H; hereinafter referred to as "the cleaning machine of this case") to the defendant at KRW 78,000,000 designated by the defendant (hereinafter "the contract of this case"). On the same day, the defendant paid KRW 78,00,000 to the plaintiff on July 19, 2016, before the plaintiff supplied the cleaning machine of this case, the defendant revoked the supply request of this case, and returned KRW 78,000,000 in advance, and the plaintiff did not request the plaintiff to cancel the contract of this case, or agreed to cancel the contract of this case at KRW 17,000,000,000 as a whole.
B. According to the above facts of recognition, the instant contract was rescinded by the agreement of the original and the Defendant.
Accordingly, the plaintiff is entitled to recover from the defendant 78,00,000 won for goods received from the defendant, and the defendant is entitled to do so.