1. Of the judgment of the court of first instance, the part of the defendant's complaint in excess of the money ordered to be paid below is revoked.

1. Facts of recognition;

A. On January 10, 2012, the Plaintiff entered into a contract with the Defendant for the sale of two sets of engines for maritime power generation (dusan AD136T 104kw 1 set, Hyundai D4D 61kw 1 set, hereinafter “instant power generation engine”) at KRW 51,00,000 (excluding value-added tax).

(hereinafter “instant sales contract”). According to the instant sales contract, KRW 15,300,00 for down payment shall be paid within five days after the contract was concluded, and KRW 35,700,000 for the remainder within five days before the delivery, and if the buyer delays the performance of the obligation to be paid to the seller, the overdue interest shall be paid at the interest rate of one-year term deposit in commercial banks (3.05% as of November 5, 2012) from the day following the payment date to the full payment date.

B. On January 13, 2012, the Defendant paid KRW 16,830,00,000, including value-added tax, to the Plaintiff, but thereafter, the Defendant requested for the extension of the balance due to the lack of financial standing. On February 16, 2012, the Defendant, while witnessing the trial operation of the instant power generation engine with the owner A, sought to refuse the acceptance, i.e., whether the power generation engine was a new colored engine or not.

Accordingly, the Plaintiff submitted a manufacturer’s certificate, a preliminary inspection certificate issued by the Korea Ship Safety Technology Authority, etc. to the Defendant, and newly replaced the electric power exhauster as requested by the Defendant. Of the remainder on March 19, 2012, KRW 20,400,000, the Plaintiff received an agreement from March 31, 2012 to pay the remainder of KRW 18,870,000 to the Defendant immediately after the completion of the trial operation of modern power engines (hereinafter “instant agreement”), and delivered the instant power generation engine (hereinafter “instant agreement”) to the Defendant. According to the said agreement, the Plaintiff’s warranty period shall be extended to 18 months after the completion of the trial operation, as in the instant sales contract, and the Plaintiff supplied the instant power generation engine (hereinafter “instant agreement”).