1. The Plaintiff (Counterclaim Defendant) paid KRW 10,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from June 21, 2014 to December 17, 2014.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a person who is engaged in the manufacture and sale business of organic fertilizer production facilities, etc. with the trade name of “C” in Daegu North-gu, Daegu-gu, and the Defendant is a corporation that runs the processing and sale business of fermentation manure 509, whose principal office is in the Yeong-gu, Naju-si.

B. Around December 23, 2011, the Plaintiff entered into a contract with the Defendant to set up a fertilizer package system of KRW 36,300,000 (including value-added tax) at a factory located at the Defendant’s principal office at a factory located in the Defendant’s principal office (hereinafter “instant facility contract”).

). 2) 이 사건 설비계약상 원고가 제작납품하기로 한 비료포장라인시스템(이하 ‘이 사건 설비’라 한다)은 별지 도면과 같이 ㉠ 계량기(일정량의 비료를 계량하여 포대에 담는 기계), ㉡ 자동실링기(비료가 담긴 포대를 밀봉하는 기계), ㉢ 포대정리기(일명 ‘퍼밍기’, 비료가 담긴 포대를 밀봉하기 위해 포대 중 접착되어야 할 부위를 가지런히 펴주는 기계), ㉣ 토스콘베어(‘자동실링기’에서 밀봉된 비료 포대를 ‘압착콘베어’로 밀어주는 기계), ㉤ 압착콘베어{비료 포대를 상차장(上車場) 등 출하 장소까지 이동시키는 기계}, ㉥ 컴프레서, ㉦ 컨트롤박스 등으로 구성되어 있다.

3) Meanwhile, in order to conclude the instant facility contract, the prices for each component of the fertilizer package discount system, which the Plaintiff presented to the Defendant, are as follows, and the amount of the estimate is KRW 37 million (excluding value added tax), but at the time of the contract, the Defendant paid the price in cash as soon as the construction of the said system is completed, and at the time of the contract, reduced the amount of KRW 4 million from the above estimate to set a large amount. The name and size amount of the Nos. 1 measuring instrument (1 & 9,000 won) are 1 measuring instruments (1 measuring instruments).