1. The Defendant (Counterclaim Plaintiff) paid KRW 25,768,60,00 to the Plaintiff (Counterclaim Defendant) and its related amount from December 6, 2013 to November 27, 2014.

1. Basic facts

A. On July 11, 2012, the Plaintiff sent a written order requesting the manufacture of machinery (hereinafter “instant machinery”) with which the Defendant and active light enter, and the Defendant sent a quotation for this to the Plaintiff.

(B) the contract entered into as above is called the “instant contract.”

The order delivered by the Plaintiff states that “the place of delivery: the factory of the headquarters: the payment period: 10 weeks (9/14), the amount of 5,000,000 won (additional tax separate) after the order is placed,” and the above estimate sent by the Defendant stated that “the payment period: 10 weeks after the order is placed, and the estimated amount: 58,000,000 won (Additional tax separate).”

C. Around July 12, 2012, the Plaintiff paid KRW 25,768,600 to the Defendant for the production of the instant machinery.

The Defendant sent the instant machinery to the Plaintiff on February 25, 2013. However, the Defendant’s employees did not install the instant machinery along with the Defendant’s employees, and did not explain the operating method, etc.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 to 4 (including paper numbers) and the purport of the whole pleadings

2. Determination on the main claim

A. The Plaintiff’s assertion did not manufacture within the contract term of this case, and did not perform any duty to explain even after sending the machinery. Thus, the Plaintiff rescinded the contract of this case on the grounds of incomplete performance or delay of performance by the Defendant.

Therefore, the defendant is obligated to return the cost of manufacturing the machinery of this case already received from the plaintiff due to its reinstatement.

B. In light of the following facts and circumstances, the Defendant delayed the duty to manufacture and install the instant machinery due to the reasons attributable thereto, according to the following facts and circumstances, which can be known by the respective descriptions and images of Gap evidence 5 to 16 (including paper numbers), Eul evidence 1 to 14, Eul evidence, witness B, Eul testimony, and the entire purport of pleadings: