1.The judgment of the first instance shall be modified as follows:

The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 4,000,000.

1. Basic facts

A. On October 14, 201, the Plaintiff entered into a contract with the Defendant to dismantle the presses consisting of six robots and four presses (hereinafter “instant facilities”) installed within the “E Company” located in Ansan-si, and to complete the trial operation after re-prefabricated and installing the Defendant’s factory (hereinafter “instant contract”), and the construction amount shall be KRW 15,00,000. Of the construction amount, 30% of the construction amount is the full time of the instant facilities, 40% at the time of assembly completion, and 30% of the remainder at the time of completion of the trial operation after installation.

B. After that, the Plaintiff attempted to conduct a trial operation after assembling and installing the instant facilities in the Defendant factory, but during that process, the Plaintiff failed to normally operate the instant facilities as the 3 prices of robots 6 parts.

C. On June 12, 2012, the Plaintiff and the Defendant agreed to repair three parts of the defective robot normally and bring them into the Defendant. On behalf of the three parts of the above broken robot, the Plaintiff and the Defendant operated the instant facilities as well as the two parts of robots to be newly purchased, and agreed that the Plaintiff repair three parts of the defective robot normally.

The plaintiff has not been able to repair three defective robots until now, and the defendant does not pay 54,500,000 won out of the construction price to the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 through 3, 8 and 9 (including additional numbers), witness C of the first instance court, witness of the D and the purport of the whole pleadings

2. Determination

A. (1) The plaintiff argued that the plaintiff should pay 54,50,000 won to the plaintiff, since he/she constructed the instant facilities in accordance with the contract of this case after assembling them to the defendant's factory and run a trial operation. Accordingly, the defendant shall pay 30% of the construction cost of this case to the plaintiff at the time of the completion of the trial operation.