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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
O's purport.
Reasons
1. The basic facts of the claim are (1) The Plaintiff is a program development and installation company (mutual name: B) and the Defendant is a manufacturing and selling company of air conditioners.
(2) On April 21, 2015, the Plaintiff entered into a contract with the Defendant to deliver KRW 10,285,000 (the intermediate payment of KRW 4,142,500 on the date of the contract, and the intermediate payment of KRW 4,142,50 on the date of April 2015, and the remainder of KRW 4,142,50 on the date of May 22, 2015, and supplied the instant goods to the Defendant on April 22, 2015.
However, the Defendant paid only KRW 5,142,500 to the Plaintiff as the price for the instant goods.
(3) Meanwhile, on September 5, 2014, the Plaintiff entered into a contract with the Defendant to develop a program (hereinafter “PLC program”) necessary to operate a D (industrial computer necessary for the operation of air conditioners, etc. manufactured and sold by the Defendant) produced by “C” companies in Japan, and supply the program by September 30, 2014.
However, the Defendant did not receive the above PLC program from the Plaintiff and filed a lawsuit claiming damages against the Plaintiff, Seoul Southern District Court 2015Kadan27815, but on March 8, 2016, the Defendant concluded by the above court that the Plaintiff agreed to change the delivery object into the modern Heavy Industries Program (hereinafter referred to as the “NG Industries Program”) instead of the above PLC program, and on November 5, 2014, the Plaintiff was sentenced to the judgment against the Defendant on the ground that the Plaintiff supplied the said contractual obligation by delivering the said Hyundai Heavy Industries Program to the Defendant via the final trial run.
(1) On January 31, 2017, the Defendant again filed a lawsuit against the Plaintiff for the performance of defects in Seoul Southern District Court 2017Gahap104096, but on October 20, 2017, the said PLC program between the Plaintiff and the Defendant is a modern middle industry program.