1. The Defendant (Counterclaim Plaintiff) paid KRW 46,582,548 to the Plaintiff (Counterclaim Defendant) and its amount from March 31, 2013 to July 18, 2014.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Determination as to the main claim

A. (1) In fact, the Plaintiff entered into a research and development agreement between the Plaintiff and the Foundation for Industry-Academic Cooperation of the Chungcheongnamnam University from around 2010 on the title of “the industrialization of green Mahole grain for the dissemination of farming technology” between the Plaintiff and the Foundation for Industry-Academic Cooperation of the Chungcheongnamnam University, and the Plaintiff entered into a research and development agreement with the Plaintiff and the Government on the basis of the research funds provided by the Government.

(B) On April 16, 2010, the Plaintiff and the Chungcheongnamnam University Industry Cooperation Foundation entered into a contract for the production and supply of the instant machinery (hereinafter collectively referred to as “each of the instant machinery,” and, on May 15, 2010, the production and supply of the instant machinery (hereinafter referred to as “the instant machinery”) ① the amount of KRW 65,500,000 in accordance with the said research and development agreement, and the delivery date was determined on May 15, 2010, and the Plaintiff paid KRW 5,50,000 to the Plaintiff for the actual payment of the said machines; and the Plaintiff paid KRW 97,50,000 in research and development, which was entrusted by the research institute, the research institute of the Korea Industry Cooperation Foundation, a research institute for the industrialization of Green R&D, for the distribution of agricultural technology; and the Plaintiff paid KRW 97,50,000 in full as the amount settled thereafter.

② On April 26, 201, the Plaintiff entered into a contract with the Defendant for the production and installation of a alreale system (hereinafter “instant contract”) with the content that the Plaintiff would make and supply the instant No. 2 at KRW 69,300,000, the delivery date on May 20, 201, and penalty for delay due to the delay in the supply and installation at KRW 1/1,000 of the daily contract amount per day, and received the instant machinery from the Defendant around May 20, 201.