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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant requested the Plaintiff to manufacture and supply HIPING SDA 38 products (hereinafter “instant product”). On August 1, 2012, the Plaintiff issued a written estimate and its weight calculated by calculating the estimated amount of KRW 351,361,760 with the estimated amount of KRW 351,361,760 with the weight of the instant product at KRW 357.797 tons, to the Defendant on August 1, 2012.
B. After examining each of the above estimates, the Defendant agreed to adopt a quotation of KRW 351,361,760, which was written out with the weight of the instant product in the amount of 251.28 tons, and entered into a contract with the Defendant on August 10, 2012 after adjusting the amount with the Plaintiff, with the amount of KRW 310,00,000 (value-added tax separate) for the manufacture and supply of the instant product.
(hereinafter “instant supply contract”). C.
The instant product consists of items 100-V1, 100-V2, 431-V4 (items 3), 431-V8, 432-V2, 432-V4, 500-V1/V2, 500-V3, 541-V1, 431-V4 (Items 10) at the time of the instant supply contract, and 431-V4 (Items 431-V4 (Items 3), and 500-V1/V2 at the time of the instant supply contract, the Defendant requested for the postponement of production on the ground that the proposed change in water control is planned, but on August 20, 2012, ordered production to the Plaintiff by modifying the drawings of each item.
Afterward, the Plaintiff and the Defendant agreed to exclude items from the instant supply contract, among the instant products, 431-V4 (Items 10). On December 7, 2012, the Plaintiff and the Defendant agreed to deduct the price of the instant item 36,000,000 from the price of the instant supply contract, but the method of deduction was deducted once November 2012.
E. In accordance with the instant supply contract, the Plaintiff completed the delivery of the instant product on October 2012. The Defendant paid to the Plaintiff the amount of KRW 78,430,000 on September 25, 2012 with a bill issued at a par value of KRW 78,430,000, and the amount agreed upon in the instant supply contract was paid to the Plaintiff in full.
F. However, the Plaintiff around June 2013.