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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Facts of recognition;
A. On October 25, 2013, the Plaintiff entered into an agreement with the Defendant to supply the automation equipment for golf production (hereinafter “instant automation equipment”) to the D Company located in China (hereinafter “D Company”). On or around October 25, 2013, the Plaintiff entered into a contract with the Defendant on the electrical and electronic part (hereinafter “instant electronic equipment”) which the Defendant controls the instant automation equipment, and the Plaintiff shall pay the price (hereinafter “instant supply contract”). Accordingly, the Plaintiff supplied and installed the machinery, apparatus materials among the instant automation equipment, and the Defendant supplied and installed the instant electronic equipment to D Company.
B. After that, D Company constantly demanded the repair of defects in the automation equipment of this case, and on October 28, 2014, the Plaintiff prepared a written agreement on the balance of the outstanding settlement amounts related to the Defendant and China D Company (FA) (hereinafter “instant agreement”) (hereinafter “instant agreement”), and on October 29, 2014, a notary public drafted a certificate with the Ministry of Justice No. 4303, 2014 (hereinafter “instant agreement”). The main contents are as follows.
(A) Representative of Company B: B: (A) The representative of Company B: (b) the amount of credit related to F transaction price: the amount of credit related to the F transaction price: the amount of credit within 55 million won per day to the creditor (hereinafter, the defendant) and the debtor (hereinafter, the plaintiff) and the debtor (hereinafter, the plaintiff) shall indicate that the amount of debt within the limit of 55 million won is an attempted bond which has not been developed and supplied to the Chinese D company FA (Automatic Machinery). Of the amount of this attempted bond, the first 5 million won out of this failed bond amount shall be paid up to the intermediate payment he contracted and owned by the debtor Eul (the debtor).
Even if the sale is delayed due to force majeure, I undertake to repay in full the maximum amount on December 27, 2014.
B The total amount of debt to be paid to A shall also be included in 70,390.