1. The part concerning the counterclaim of the first instance judgment shall be modified as follows:

Plaintiff (Counterclaim Defendant).

In the first instance trial, the Plaintiff filed a claim for the payment of the remainder according to each of the machinery listed in the separate sheet (hereinafter “instant machinery”) as a counterclaim, and the Defendant filed a claim for the return of the cost of the instant machinery and the removal of the instant machinery and damages, respectively, due to the restoration following the cancellation of the instant mechanical equipment supply contract. The court of first instance dismissed the Plaintiff’s claim for the principal lawsuit, and accepted the Defendant’s claim for the return of the cost of the machinery and the removal of the instant machinery among the Defendant’s counterclaim claims, and dismissed the claim for damages.

Therefore, since only the plaintiff appealed, the subject of the judgment of this court is limited to the plaintiff's main lawsuit and the claim for the return of the price of the machine for the payment which was cited as above and the claim for the removal of the machine of this case.

Basic Facts

The plaintiff is a person engaged in manufacturing and repairing machinery in the trade name, and the defendant is a company established for the purpose of manufacturing and repairing motor vehicle parts.

On April 15, 2014, the Plaintiff and the Defendant entered into a contract with the following terms concerning the manufacture and installation of internal and external light strawers and external light string devices, etc. which automatically cut the motor vehicle monitoring parts, etc.:

(hereinafter referred to as the “instant contract”). Article 1 (Purpose) A (Defendant) shall request (Plaintiff) to produce and repair the object specified below:

(2) In the case of a measuring instrument (excluding value-added tax) options of KRW 15,00,000 (excluding value-added tax) for the number of regular projecters, the amount of KRW 65,00,000 (excluding value-added tax), two for the number of regular projecters, and the amount of KRW 140,000 (excluding value-added tax): Article 2 (Place of Supply and Transport of Goods) for each measuring instrument (excluding value-added tax);

4. The delivery date of this contract shall be by July 15, 2014 and shall be supplied at the designated place “A”.

(ii)Article 3 (Quality Assurance);

1. B shall immediately repair any malfunction or problem that occurs within six months after the installation and operation of contractual goods;

(Provided, That when it is obviously attributable to Gap's negligence, it shall be dealt with through mutual consultation).