1. The Defendant (Counterclaim Plaintiff) paid KRW 75,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from June 16, 2016 to October 31, 2016.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Around November 2014, the Plaintiff, a company aimed at manufacturing medical devices and wholesale and retail business, sold at KRW 600,000,000 to the Defendant, a legal entity, the purpose of which is to provide medical services (hereinafter “instant treatment devices”).

(2) The Plaintiff and the Defendant concluded the instant sales contract on December 2, 2014, and agreed that the instant treatment device shall be installed at a place designated by the Defendant, and the Defendant shall pay 475 million won in advance, and the KRW 120 million shall be paid in advance on 12 occasions from June 30, 2015 to May 31, 2016, respectively, and the remaining KRW 5 million shall be paid on 12 December 15, 2016.

B. The Defendant paid to the Plaintiff KRW 475 million on February 27, 2015, and KRW 50 million on June 30, 2015 to October 30 of the same year, respectively.

C. On February 26, 2015, the Defendant purchased one of the instant treatment technicians from the Plaintiff in the amount of KRW 600 million, and KRW 67620,000,000 from May 14, 2015, respectively, and paid all the above sales amount.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 4, the purport of the whole pleadings

2. Determination on the main claim

A. We examine the judgment on the cause of the claim. On November 2014, the Defendant purchased one of the instant treatment equipment from the Plaintiff and received it in the amount of KRW 600 million, and paid the Plaintiff the sum of KRW 525 million out of the above payment. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid price of KRW 75 million ( KRW 60 million - KRW 525 million) and damages for delay.

B. The judgment of the Defendant’s assertion is null and void since the part exceeding KRW 450 million, which is the intermediate price of the treatment plant of this case, is a juristic act of unfair trade contract of this case, and thus, the Defendant shall pay the purchase price more.