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1. The Defendant (Counterclaim Plaintiff) paid KRW 70,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from November 14, 2012 to June 13, 2014.
Reasons
1. Determination as to the main claim
A. On December 7, 2009, the Plaintiff engaged in the business of manufacturing and importing, and exporting and importing, etc. machinery and parts, etc. on the grounds of the claim: (a) on December 7, 2009, sold to the Defendant a total of KRW 506,000,000 (hereinafter “the sale of the instant machinery”) and KRW 300,000,000,000 among the purchase price for the instant machinery and appliances (hereinafter “the instant 2 machinery”); (b) on December 7, 2009, the Defendant paid KRW 10,000,000,000 among the purchase price for the instant machinery and parts to the Defendant, and thereafter, the Defendant paid KRW 30,000,000,000 among the down payment of KRW 10,000,000 to the Plaintiff until May 14, 2010, the Defendant did not have any special obligation to the Plaintiff.
B. The Defendant asserts that the damages claim amounting to KRW 146,827,560, which the Plaintiff had against the Plaintiff due to the defect in the machinery of this case 1 and 2, set off against the Defendant on an equal amount with the unpaid purchase price.
As seen in the following, as long as the defendant cannot be recognized that the plaintiff has the damage claim against the plaintiff due to the defect of machinery Nos. 1 and 2 of this case, the defendant's defense without any need to further examine the remainder is without merit.
C. Accordingly, according to the theory of lawsuit, the defendant's lawsuit, as to the amount of KRW 70,00,000 for the goods and the amount from November 14, 2012 to the date following the delivery date of the original copy of the payment order of this case, clearly stating that the defendant raised a dispute as to the existence and scope of the obligation of the defendant, which is the date of this decision, until June 13, 2014, is 6% per annum under the Commercial Act and the date of complete payment from the following day.