1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. From March 12, 2012 to November 2012, the Plaintiff received from the Defendant a total of five times from the Defendant 1,540 KNDB (hereinafter “instant product”).

B. The Plaintiff, using the instant goods, manufactured and sold denmark mixing block (hereinafter “instant block”).

C. However, the Plaintiff, who received a continuous claim that the transparent level of a frochip sheet made by using the instant block sold by the Plaintiff, recovered the entire block of this case.

In addition, on March 8, 2013, the Plaintiff returned 680.1 Kg (the purchase price is equivalent to KRW 83,040,210) from among the instant goods supplied by the Defendant to the Defendant, and the Defendant sent to the Plaintiff the document stating that “it is confirmed that the said goods were brought into Korea normally, but this is not related to any defect in the instant goods, but is to be returned to the Plaintiff in accordance with the intention of the Plaintiff to exchange them with the new goods in an active response to the Plaintiff’s difficulties.”

[Ground of recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion is that the instant goods sold by the Defendant fall short of the transparency level, and thus, cannot achieve the objective of the sales contract to create a transparent block for manufacturing dental appliances. As such, the Plaintiff cancelled the above sales contract pursuant to Articles 580 and 575(1) of the Civil Act, and the Defendant is obliged to pay the Plaintiff the remainder of KRW 43,968,210, which remains after deducting the Plaintiff’s payment from KRW 83,040,210 for the 680.1 Kg, which was returned to the Plaintiff, from KRW 39,072,00,000 for the instant goods returned to the Plaintiff.

B. The defect in the goods of this case is ordinarily equipped with the goods.