Text
1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 120,000,000 to the Plaintiff (Counterclaim Defendant) and its amount from November 8, 2017 to September 13, 2018.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a person engaged in manufacture and sale business, such as machinery, equipment, and factory machinery, under the trade name of “C”.
B. On June 5, 2017, the Plaintiff entered into a supply contract with the Defendant to sell a total of KRW 220 million to the Defendant (hereinafter “instant equipment”) of KRW 10,000,000,000,000,000 for the remainder of KRW 110,000,000 on the day of the contract, and KRW 110,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, on the day of the contract.
C. The Defendant paid KRW 100 million to the Plaintiff on the day of the contract.
As of July 17, 2017, a report on the installation of supply equipment, including the instant equipment, and the completion of trial operation was prepared.
[Reasons for Recognition] Class A, Nos. 1, 2, and No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the principal claim, barring any other special circumstances, the Defendant is obligated to pay to the Plaintiff the remainder 120 million won (220 million won - 100 million won) as stipulated in the contract of this case and damages for delay.
B. The summary of the Defendant’s assertion (1) the Plaintiff and the Defendant concluded a sales contract on the premise that the instant equipment was manufactured in 2016; the instant equipment was destroyed in 2008, which is the core component of the instant equipment, and was produced in 2016 only on the basis of its main body.
The Plaintiff belonged to the Defendant that the instant equipment was manufactured in 2016, and for this purpose, forged the name tag that was manufactured in 2016 and attached to the instant equipment. If the Defendant knew that the core components, such as flass, were manufactured in 2008, then the instant equipment is worth KRW 110 million.