1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.

3...

1. 사안의 개요 다음과 같은 사실은 당사자 사이에 다툼이 없거나, 갑 1, 3, 4호증, 을 1∽4호증의 각 기재에 변론 전체의 취지를 종합하여 이를 인정할 수 있다.

① On October 13, 2015, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) entered into a contract with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) for the manufacture and sale of machinery (one folding type) with 27 billion won (hereinafter “instant sales contract”) including the cost of repair, transfer, installation and trial operation (hereinafter “Defendant”).

② The Plaintiff was paid 60 million won as down payment for the instant sales contract by the Defendant.

③ On October 28, 2015, the Defendant agreed to use the lease due to its lack of funds, and the Plaintiff did not submit a contract for lease use to both the original Defendant and the supplier undertaking, including the content of the purchase cost of KRW 252 million and the repurchase agreement, etc. In addition, the Plaintiff submitted a tax invoice stating the value of KRW 252 million (tax amount of KRW 252 million) in accordance with Article 2 of the said undertaking, and received KRW 200 million from the C Company on October 29, 2015.

In addition to the price 27 billion won stipulated in the sales contract of this case, there is only a duty to pay 7 million won of brokerage commission, 3 million won of bond interest, 6.5 million won of consignment removal and transfer expenses, 4.5 billion won of the compact roll purchase cost, and 228 billion won of the compact roll purchase cost.

Even if the Plaintiff issues a tax invoice of KRW 228 million of the value of supply, only 250 million should be paid. However, the Plaintiff received the payment of KRW 60 million of the down payment and KRW 260 million of the lease fund, and the Plaintiff is obligated to pay the difference of KRW 9.5 million (=260 million - KRW 250 million) to the Defendant.

② Under the instant sales contract, an agreement was made for liquidated damages (3/100 per day) and the Defendant’s summary by December 10, 2015.

21,735,00 won = 200 million won for liquidated damages, since the completion of January 15, 2016, which was 35 days after the completion of the trial, including the repair of the former compact discasia.