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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
A. 87,096
Reasons
In the case below, the principal lawsuit and counterclaim shall be deemed to be filed together.
1. Facts of recognition;
A. The Plaintiff is a person who runs semiconductor equipment, robots and machinery manufacturing business, and machinery and equipment service business with the trade name of “D” in C in the process of chemicalization, and the Defendant is a company that runs the business of manufacturing plastic products for storage and hygiene in E in the process of chemicalization, and other business of manufacturing electrical appliances for household use.
B. The Defendant manufactured a house string entering a water purifier and supplied it to F Co., Ltd. (hereinafter “F”). However, the Defendant was also required to newly manufacture automation equipment, which is loaded in a water purifier by changing the shape of the string from F and inserting the string into the string and examining whether the existing equipment was defective.
C. Accordingly, on October 2016, the Defendant manufactured G Co., Ltd. (hereinafter “G”) to the Plaintiff in the middle of October 2016, using an automatic assembly inspection device possessed by the Defendant (hereinafter “existing facilities”) to produce the equipment of this case.
On October 18, 2016, the Plaintiff sent the final quotation to the Defendant. On October 27, 2016, the Defendant sent the e-mail requesting the Plaintiff to proceed with the manufacturing of the instant facilities.
Article 1 The defendant shall produce and supply the facility of this case to the plaintiff upon the formation of the agreement with the plaintiff.
Article 3 (Inspection of Product Revision and Payment Period)
2. If it is necessary to revise related to the specifications of products according to the results of the examination, the Plaintiff shall revise the products, and shall deal with other matters under separate consultation.
3. The defendant must produce products by reflecting the modifications as required by the plaintiff during the manufacturing period.
Article 4 (Methods of Prohibition of Giving Orders) 29,700,000 won of down payment (excluding surtax): The first intermediate payment within seven days from the date of ordering orders or the date of concluding contracts.