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1. The Defendant (Counterclaim Plaintiff) paid KRW 3,315,500 to the Plaintiff (Counterclaim Defendant) and its related amount from December 12, 2013 to February 14, 2014.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 4, 2011, the Plaintiff and the Defendant entered into a contract (hereinafter “instant contract”) with the Defendant to sell the factories, machinery, apparatus, etc., and operating rights listed in the current inventory list of assets owned by the Defendant at KRW 2 billion (hereinafter “instant contract”). The current inventory list includes two pumps, one high temperature pumps, one high temperature pumps, one manual, one water pumps (care pumps), two pumps, and one transformers (hereinafter “the instant transformers”). On the day of the contract, the contract amount was paid in KRW 300 million.
B. On April 1, 2011, the Plaintiff received business transfer from the Defendant with the acquisition of a factory, etc., and paid the Defendant a balance of KRW 1.7 billion on April 3, 201.
C. The Defendant brought to the Plaintiff without delivering the instant changer in the process of transferring the said factory. D.
The Defendant has been working at the Defendant’s workplace in the Daewoo Shipbuilding Marine Co., Ltd. with the goods listed in the separate sheet (hereinafter “instant pumps”).
E. The Plaintiff is a floating pumps listed in the list of the present inventory of the pertinent pumps, and the Plaintiff’s ownership belongs to the Plaintiff under the instant contract, and used them at the D site located in Gunsan (hereinafter “D site”). The Defendant asserted that the instant pumps took place without permission, and demanded the Defendant to deliver the instant pumps, and the Defendant also demanded to deliver the instant transformers. The Defendant asserted that the instant pumps were not the machinery included in the sale subject to the instant contract and rejected delivery.
F. The Defendant was under investigation by an investigative agency to investigate the theft of the instant pumps and transformers, and the Defendant transferred the instant transformers to the Plaintiff on April 6, 2012, and on May 31, 2012.