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1. The Defendant (Counterclaim Plaintiff) paid KRW 60,040,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment from July 6, 2016 to May 12, 2017.
Reasons
1. Basic facts
A. The status of the parties and the conclusion of the instant contract (1) The Plaintiff is a person engaged in the manufacturing and selling of fire doors in the trade name of both countries C through D, and the Defendant is a person engaged in the manufacturing and supply of machinery necessary for manufacturing fire doors in the trade name of Daegu-gu E from the Daegu-gu.
(2) On January 16, 2014, the Defendant entered into a contract with the Plaintiff for the manufacture and supply of the general painting, mincing machines, and mincing machines (hereinafter “instant machines”) (hereinafter “instant contract”), and set the total amount of KRW 155,00,000 (the contract amount of KRW 62,000,000, the intermediate payment of KRW 62,000,000, the remainder of KRW 31,000,000 at the time of completion of the assembly, and the delivery date as 45 days after the contract.
(3) Under the instant contract, the Plaintiff paid the Defendant KRW 30,00,000 as down payment on January 20, 2014; KRW 14,200,000 in cash on February 7, 2014; KRW 15,840,00 in electronic bills; and KRW 30,040,00 in total; on March 10, 2014, the Defendant handed over the instant machinery to G, which is the Plaintiff’s factory.
B. (1) On May 1, 2014, the Defendant sent a content-certified mail stating that the instant contract will be rescinded as of May 10, 2014 if the Plaintiff did not pay the said price by the said deadline.
(2) On May 13, 2014, the Plaintiff sent to the Defendant a content-certified mail to the effect that: (a) the Plaintiff supplied a new machine without any defect; (b) the Plaintiff paid the down payment and the amount of damage suffered by the Plaintiff; and (c) the Plaintiff returned the machine.
(3) The Defendant received the Plaintiff’s content certification on May 13, 2014, and sent the same content-certified mail to the Plaintiff on May 22, 2014.
(4) The Plaintiff against the Defendant on June 23, 2014.