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Plaintiff (Counterclaim Defendant) shall pay to Defendant (Counterclaim Plaintiff) KRW 9,042,00 and all of its payment from October 26, 2018.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Plaintiff is a stock company with the purpose of manufacturing steel machinery pipes, and the Defendant is a stock company with the purpose of manufacturing environmental facilities and manufacturing business.
B. On October 26, 2018, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant under which the Plaintiff would produce the front mold ( upper part, lower part, bending 4 sets and wooden mold (hereinafter “instant goods”) and supply it to the Defendant with the total amount of KRW 56,490,720 (including value added tax), and received KRW 9,042,00 from the Defendant as the down payment.
(c)
Around November 30, 2018 and December 6, 2018, the Defendant provided a drawing on the instant goods to the Plaintiff, and the Plaintiff manufactured the instant goods and delivered them to the surface processing company C (D; hereinafter “C”).
The drawing on the instant product was marked by 6 home lines with a width of 10 meters and 10 meters in depth at the lower part of the front mold, but there was no home as above for the instant product produced by the Plaintiff.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 6, 7 (including Serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff and the Defendant agreed to manufacture the instant goods in a form without home, different from the drawing. The Plaintiff manufactured and delivered the instant goods in accordance with the aforementioned agreement and the instant agreement. As such, the Defendant should pay the Plaintiff the price of KRW 47,448,720 under the instant agreement (i.e., the total price of KRW 56,490,720 - the contract price of KRW 9,042,00).
B. The Defendant did not agree to manufacture the instant goods without the home with the Plaintiff.
The home in the drawings is difficult to work at the surface processing stage, and it is essential in the manufacture of machinery using the goods of this case and there is no home.