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1. Of the part concerning the main lawsuit of the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) ordering payment below.
Reasons
1. As to the main claim
A. The Defendant is obligated to pay the remainder of KRW 4 million, as it produced and delivered the gold-type 200,000,000,000,000 won, which is the cause of the claim (A) as to the cause of the claim.
B) The facts of recognition are as follows: ① the Plaintiff is engaged in gold production work with the trade name of “C”, and the Defendant is engaged in the sales business, such as automobile safety devices, etc. ② On August 11, 2014, the Plaintiff manufactured a new gold type of KRW 9 million to the Defendant for the production of automobile products called “E” and agreed to deliver the down payment to the Defendant within 40 days from the date of the payment of the down payment (hereinafter “the instant manufacturing contract”). ③ On September 11, 2014, the Defendant paid KRW 5 million to the Plaintiff on September 11, 2014. ④ On May 9, 2016, the Plaintiff sent a picture taken a new gold type [based on recognition], the Plaintiff is obligated to pay the remainder of KRW 1, 2, 9, and 100,000,000 to the Plaintiff for the remainder of KRW 5,500,000,000,00.
2) As to the Defendant’s assertion, the instant manufacturing contract was rescinded.
B) The facts of recognition: (a) the Defendant decided to exhibit a new gold-type product at the U.S. Liber Gas Parts and Goods Exhibitions held from November 4, 2014 to November 6, 2014; and (b) urged the Plaintiff to produce a new gold-type product by October 21, 2014, but the Plaintiff did not produce a new gold-type product by the said deadline; (b) the Defendant was urged to produce a new gold-type product by November 2, 2014, giving notice that the date of departure of the airline tickets to the United States was the first day of November 2, 2014; (c) the Defendant did not produce a new gold-type product by the end of the said period.