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1. The Defendant (Counterclaim Plaintiff) shall:
A. The procedure for transferring possession of the vessel listed in the separate sheet from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On March 17, 2014, the Plaintiff sold to the Defendant, who is engaged in water-related leisure business, three vessels of KRW 42 million, including vessels listed in the separate sheet (hereinafter “instant vessel”) and received KRW 10 million from the Defendant.
B. After that, the Defendant requested the delivery of the said three vessels in advance as it is necessary for the test operation, safety inspection, registration, etc. of the vessel, and the Plaintiff, on April 20, 2014, delivered the instant vessel to the Defendant, and thereafter, delivered all the said three vessels around that time. During that process, the Defendant was additionally paid KRW 20 million in total from the Defendant on April 9, 2014 and May 9, 2014.
C. Of that, the Plaintiff and the Defendant, on May 19, 2014, concluded a sales contract stating that KRW 12 million shall be deemed as the sales price of the instant vessel (the amount of KRW 30 million shall be deemed as the sales price of the instant vessel) and that the payment date of KRW 5 million among them shall be deemed as June 16, 2014, and the remaining seven million shall be deemed as June 27, 2014, respectively.
After that, on May 1, 2014, the Defendant completed the safety inspection of the said three vessels, and completed all of the registrations for water-related leisure business on June 16, 2014. On June 16, 2014, the Defendant did not pay KRW 5 million to the first five million. On June 17, 2014, the following day, the engine part of the instant vessel was broken down, and the Plaintiff requested repair.
E. On June 18, 2014, the Plaintiff: (a) excavated the instant vessel from the Defendant; (b) purchased imported parts necessary for repair in KRW 10.10,00,00 from the end of physical coloring the imported parts; (c) completed repair around August 6, 2014; and (d) thereafter, delivered the instant vessel to the Defendant in return for the payment of the purchase price and the repair cost of the instant vessel.