1. The Defendant (Counterclaim Plaintiff) paid KRW 65,089,500 to the Plaintiff (Counterclaim Defendant) and its related amount from February 21, 2018 to May 15, 2018.

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1, 2, 3, 4, 5, 6, 7, 11, 16, Eul evidence Nos. 3, 4, 6, 7, 8, 9 (including paper numbers), witness B, and C’s testimony and the whole purport of pleadings.

The plaintiff is a company that operates mechanical facility construction business, etc., and the defendant is a company that manufactures automated logistics transportation equipment and wholesale and retail business.

B. On June 14, 2016, the Plaintiff entered into a contract for the supply of goods (hereinafter “instant prime contract”) with Hyundai Motor Co., Ltd. (hereinafter “Modern Motor Co., Ltd.”) to manufacture and supply “D” facilities (hereinafter “instant facilities”) at the contract price of KRW 278,00,000 (excluding value-added tax; hereinafter the same shall apply), July 29, 2016, and August 7, 2016 on the payment date (the date of completion of inspection).

Modern Motors entered into a contract, KRW 55,600,000 (20% of the contract amount) of the said contract amount, and KRW 139,00,000 of the first intermediate payment (50% of the contract amount) entered into the instant facilities, and agreed that KRW 55,60,000 of the second intermediate payment (20% of the contract amount) shall be paid to the Plaintiff respectively at the time of completion of trial operation, and the remainder 27,80,000,000 (10% of the contract amount) shall be paid to the Plaintiff at the time of notification of the passing of inspection of modern Motors.

In addition, in the original contract of this case, if the plaintiff fails to pass the inspection of the modern automobile, 3/1000 of the daily contract amount shall be paid as compensation for delay to the modern automobile, and in the event that the plaintiff's delay of performance causes loss to the modern automobile as a result of the plaintiff's delay of performance, the damages in cash shall be compensated in addition to the above liquidated damages.

C. On June 20, 2016, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant with the contract amount of KRW 215,00,000 with respect to the instant facilities (hereinafter “instant subcontract”).

In the instant subcontract, the Defendant designs and manufactures the instant facilities by July 19, 2016.