1. Of the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) corresponding to the money ordered to be paid below.

1. Facts of recognition;

A. On April 10, 2012, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of fertilizer production machinery (hereinafter “instant contract”). The main content of the instant contract is as follows.

제1조(계약품목 및 규격, 수량): 연합기(맥반석, 숯 및 목초액 등 비료의 원료를 혼합하는 기계로서 혼합기라고도 한다. 이하 ‘이 사건 연합기’라 한다), 건조기(혼합된 비료를 건조하는 기계이다. 이하 ‘이 사건 건조기’라 한다), 펠렛기, 액초액통, 개근장치 각 1조, 특이사항 별지 기재 견적서(이하 별지 표 기재 각 기계들을 ‘이 사건 기계들’이라 한다)에 상세내용 첨부 제2조(제작기간): 물품계약일로부터 70일간 2012. 6. 20.까지 원고가 지정하는 장소에 설치 후 시운전한다.

Electric facilities shall be on the responsibility of the plaintiff.

Where the payment is not made by the above date, 1/100 per day of delay compensation shall be deducted.

Provided, That the date of manufacture and delivery may be extended under mutual agreement by both parties in extenuating circumstances, such as natural disasters, changes in design, etc.

Article 3 (Conditions for Payment of Price for Goods): Total contract amount: 120,000,000 won: 36,000,000 won for intermediate payment: The balance of KRW 48,000,000 for intermediate payment: Cash payment shall be made in full immediately at the time of absence of any error after the commencement of operation at the time of installation of KRW 36,00,000.

(Value-Added Tax). If a dispute is likely to arise due to the unpaid payment of the price for the goods under Article 5 (Ownership of Goods), the defendant shall be deemed to have no intention to pay the price to the plaintiff when the plaintiff is unable to respond within the designated date after written notice of recovery (other than content certification). The defendant shall be exempted from civil or criminal liability even when the goods are recovered without the plaintiff'

When the goods are recovered due to dispute, the down payment and the amount deposited during that period shall not be returned, and the reduction due to the use during that period shall be separately claimed by the plaintiff.