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1. As to a contract for selective supply, entry in the separate sheet between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) is recorded.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 9, 2018, when the Plaintiff entered into a contract for the selection machine (hereinafter “the instant selection machine”) by entering the relevant list with the Defendant, the Plaintiff agreed to pay the contract amount of KRW 73.7 million from March 9, 2018 to April 20, 2018, and the contract amount of KRW 2.11 million from the contract date, and the remainder amount of KRW 5,159,000 within seven days from the completion of inspection.
B. On March 15, 2018, the Plaintiff received 20,2110,000 won as down payment from the Defendant, and manufactured the instant sorting machine and delivered it to the Defendant on April 11, 2018.
C. On July 5, 2018, the Defendant sent to the Plaintiff a content-certified mail stating the cancellation of the instant selection service contract on the ground that there is a problem in the early selection function of the instant selection machine and that this is not improved, and the content-certified document of this case reached the Plaintiff around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, witness C's testimony, purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) Although there was no problem in the performance of the instant screening machine, the Defendant unilaterally cancelled the instant screening period supply contract and unilaterally demanded the Plaintiff to return the down payment of KRW 2,211,00 to the Plaintiff. Therefore, the Plaintiff’s allegation that the instant screening machine was rejected several times, and the error was not corrected, and the Plaintiff and the Defendant agreed to return the down payment of KRW 2,211,00 to the Defendant within one week, while cancelling the agreement on the instant screening machine supply contract around June 12, 2018, the Defendant again cancelled the instant screening period supply contract to the Plaintiff with the content certification around July 5, 2018.