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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 24, 2012, the Plaintiff entered into a contract with the Defendant for the manufacture of DRY and SLITER (hereinafter “instant contract”) of 550,00,000 won (i.e., DDR 420,000,000 won in printing machines of 130,000,000 won in value-added tax, and supply them by January 31, 2013 (hereinafter “instant contract”).
B. The Plaintiff and the Defendant paid KRW 20,000 for the first down payment of KRW 550,000 for the second down payment of KRW 20,000 for the second down payment of KRW 145,000 for the second down payment of KRW 165,000 for the first down payment of KRW 165,000 for the first down payment of October 20, 2012 when entering into a contract, and the second down payment of KRW 165,000 for the second intermediate payment of KRW 165,000 for the second end payment of KRW 165,000 for the second end payment of KRW 30 on December 31, 2012 when the Defendant recognizes the completion of the construction of machinery while the Plaintiff completed the demonstration operation.
C. The Defendant paid the Plaintiff KRW 20,000,000 to the first down payment on the day of entering into the instant contract.
As the Defendant requested that the Plaintiff supply the printing machine prior to the printing machine, the Plaintiff started to manufacture the printing machine first, and the Defendant paid the Plaintiff KRW 50,000,000 as the cost of the printing machine production, and KRW 15,00,000 as the cost of November 30, 2012, and KRW 15,000,00 as the cost of the printing machine production, respectively, on December 26, 2012.
E. On June 17, 2013, the Plaintiff completed the production of a printing machine and supplied it to the Defendant. The Defendant borrowed KRW 100,000,000 from the Industrial Bank of Korea as security, and deposited KRW 100,000,000 to the Plaintiff on June 14, 2013, and then returned KRW 60,000,000 among them, and paid KRW 40,000,000 for the production of a printing machine.
Since then, the defendant paid 3,00,000 won to the plaintiff in cash and paid 143,000,000 won in total for the production of printing machines (including value-added tax) to the plaintiff.
F. Since April 2014, the Defendant received a separate dialing machine from “A” and had it manufactured and supplied to the Plaintiff under the instant contract.