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1.(a)
Of the parts concerning the main claim of the judgment of the court of first instance, the money that orders the payment below.
Reasons
1. Facts of recognition;
A. On December 21, 2012, the Plaintiff and the Defendant entered into a contract with the Plaintiff and the Defendant on December 21, 2012 (Evidence A 3) with the following content (hereinafter “instant machine”). ① The Defendant is the Plaintiff’s presses Mte machine (hereinafter “instant machine”).
(2) With respect to 50% of the instant machinery supplied to the Plaintiff by the Defendant, the Plaintiff shall pay 18,000,000 won per unit to the Defendant, and the remainder of 50% shall be produced and supplied at its own expense by the Defendant (hereinafter referred to as “50% of the instant machinery supplied by the Defendant to the Plaintiff’s Plaintiff’s Plaintiff’s investment”) and 50% of the Defendant’s investment that the Defendant would bear the manufacturing cost is “the Plaintiff’s investment share” and that the Defendant would bear the manufacturing cost.
(3) The Plaintiff shall sell the instant machinery to the Defendant separately (Article 3(1), 5, and 6) and pay 50% of its profits to the Defendant (Article 3(1)). ④ The Defendant shall pay to the Plaintiff KRW 160,000,000 out of the Plaintiff’s 40 supply volume of the instant machinery (=20 x 18,000,000,000 among the Plaintiff’s 1 supply volume of the instant machinery (=20 x 18,000,000) until December 31, 2012, KRW 10,000,0000,000 to the Defendant by December 20, 2013; KRW 360,0000,0000,0000 to the Plaintiff by December 30, 2013 (Article 3(1)); and KRW 360,000,000,0000 for each of the instant machinery’s KRW 130.
(A) On January 1, 2013 and around February 2, 2013, the Defendant directly sold five of the instant machinery to Turkey companies without the Plaintiff’s consent. LTPP.
Accordingly, when the Plaintiff asserted the above breach of contract and raised an objection, the Defendant paid the Plaintiff KRW 141,00,000 as compensation for damages incurred from the said breach of contract on February 28, 2013, and the Plaintiff paid the said KRW 50,000 to the Plaintiff.