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1. The plaintiff (Counterclaim defendant)'s claim that was changed in exchange in this court is dismissed.
2. Of the total costs of the lawsuit;
Reasons
1. In the first instance trial on February 1, 2016, the Plaintiff, as the principal lawsuit, sought payment of the remainder and value-added tax pursuant to a contract for the manufacture and supply of a crossing system for mass production, which was concluded on February 1, 2016 between the Plaintiff and the Defendant, and the Defendant asserted that, despite the cancellation of the contract as a counterclaim, the Plaintiff suffered losses from the failure of the use of the relevant factory, depending on the fact that the Plaintiff did not recover the relevant facility installed, and sought compensation for damages equivalent to the rent for the relevant area where the said facility was in
The court of first instance dismissed both the plaintiff's principal lawsuit and the defendant's counterclaim.
Since only the plaintiff filed an appeal, only the plaintiff's claim is subject to the judgment of this court.
2. Under the main sentence of Article 420 of the Civil Procedure Act, the reasoning for this part of this Court is as stated in Paragraph 1 of the judgment of the first instance except for the reasons for appeal as follows.
Under paragraph 2 of the judgment of the first instance court, the term " approximately 1.5m" in the 4th sentence shall be " approximately 3 through 4m length".
The part of paragraphs 2 through 6 (c) of the judgment of the first instance court shall be as follows.
“.” On January 22, 2016, the Plaintiff and the Defendant: (a) pursuant to the Defendant’s letter of demand for the installation of the equipment, the Plaintiff “Yansan Crossing equipment” (hereinafter “instant equipment”).
) A contract for the production and supply to design and manufacture, the supply price is KRW 595,50,00,000, the intermediate payment is KRW 238,000,000, the intermediate payment is KRW 170,000, and the remainder is KRW 187,550,000, and the storage date of the equipment was set as KRW 187,550,00,00, respectively, as of April 4, 2016, and the completion date of the SET-UP of the equipment (the payment date was set as of April 8, 2016).
After that, the Plaintiff and the Defendant partly revised the manufacture and supply contract as of January 22, 2016, thereby paying the down payment, intermediate payment, and remainder to the Plaintiff under the following conditions. The Plaintiff and the Defendant’s equipment storage up to April 6, 2016, respectively.