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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 16, 2016, the Defendant entered into a contract with C and the Defendant for the manufacture of film-making machinery as set forth below and installation cycle, and requested the Plaintiff for the manufacture of the remainder (hereinafter “instant machinery”) excluding pressure-explosible (including “TC”).
두께측정기 가이드롤프레임 컷팅기 텍컵롤 어큐뮬레이터 압출기 메인롤 및 가이드롤 프레임 원료투입기 T다이
B. On March 19, 2016, the Defendant entered into a contract by reducing only the supply amount from KRW 95,250,000 to KRW 85,00,000 in the written estimate presented by the Plaintiff and the Plaintiff.
C. After that, the Defendant requested the Plaintiff to make the production of additional tensions in KRW 8 million, and KRW 2 million, and the Plaintiff and the Defendant agreed to make the production by changing RTV rollers and 0350 Sclocks into STV rollers and 0500 Sclocks stated in the attached sheet.
On May 15, 2016, the Plaintiff supplied part of the machinery that was requested by the Defendant to install without manufacturing it.
E. Meanwhile, in addition to the instant machinery, the Plaintiff manufactured rollers at the Defendant’s request in KRW 4,50,000, and manufactured female hosting machine at KRW 8,000,000, and supplied it to the Defendant at the Defendant’s request, and 3,50,000,000,000 to the Defendant’s factory located in the Gyeongbuk Industrial
【Ground for recognition” without any dispute, Gap evidence 4, Gap evidence 10-1-8, Gap evidence 11-3, Gap evidence 12-1-3, Gap evidence 13-3, Gap evidence 14, Gap evidence 15, Eul evidence 15-3, the purport of the whole pleadings, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the Plaintiff’s assertion is KRW 51,195,00 (= KRW 101,895,000 for the manufacture of the instant machinery) [i] KRW 101,895,00 for the production of the instant machinery (i.e., KRW 85 million for the initial contract amount and KRW 15 million for the additional manufacture of KRW 1,50,000 for KRW 1,500 for the measuring machine with the thickness of KRW 1,50,000 for 70,000 for the Amerl 4,50,000 for the response sheet of KRW 1.5 million.