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1. The defendant's delivery of the machines listed in the separate sheet from the plaintiff and at the same time, KRW 147,670,500 to the plaintiff.
Reasons
1. Basic facts
A. On July 26, 2013, the Plaintiff entered into a contract with the Defendant to manufacture and deliver to the Plaintiff KRW 120,000,000 as indicated in the separate sheet (hereinafter “instant contract”) (hereinafter “instant contract”).
B. On August 5, 2013, the Plaintiff paid the Defendant the sum of KRW 120,000,000 for the remainder payment of KRW 36,000,000 on October 7, 2013, and KRW 36,000 for the remainder payment of KRW 36,00,000 on January 29, 2014.
C. The Plaintiff was supplied with the instant machinery by the Defendant around November 2013.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the cause of action
A. (1) The parties' assertion that there is a defect in the machinery of this case (1) The plaintiff could not proceed with normal work due to the defect in the machinery of this case after being supplied with the machinery of this case. The defect in the machinery of this case was caused by the defendant's design and manufacture error, such as the internal structure of equipment due to the defendant's design error, low-price use of parts, etc.
(2) Defects related to the instant machinery asserted by the Defendant are not caused by the Defendant’s design or manufacture error, but merely caused by the Plaintiff’s mix of foreign substances and defective goods into machinery or the deterioration of the Plaintiff’s equipment by making it difficult for the Plaintiff to manage the process in the process of completing the instant machinery and supplying it to the Plaintiff.
Therefore, there is no defect in the instant machinery manufactured and supplied by the Defendant.
B) Determination Party A’s evidence 2 through 5 (including the number number; hereinafter the same shall apply)
The results of the fact inquiry about appraiser D in this court are as follows, which are acknowledged comprehensively as follows: each description of witness B, witness B's testimony, part of witness C's testimony, appraiser D's appraisal results.