1. The defendant-Counterclaim plaintiff's appeal and the defendant-Counterclaim claim filed in the trial are dismissed, respectively.

2...

1. Basic facts

A. around April 11, 2012, the Plaintiff and the Defendant entered into a sales contract with the Defendant to supply KRW 200,000,000 (hereinafter “instant goods”) with the product named “balin” (hereinafter “instant goods”) as the purchase price of KRW 50,000 (Therefore, the Defendant’s assertion that the purchase price is KRW 40 million is without merit). The Defendant paid KRW 10,000 to the Plaintiff on the same day.

B. Around May 2, 2012 and May 14, 2012, the Plaintiff supplied the Defendant with a total of KRW 100,000 each of the instant goods and KRW 200,000,000.

C. On June 21, 2012 and July 25, 2012, the Defendant paid to the Plaintiff KRW 20 million, in total, to the Plaintiff.

[Based on Recognition - Unsatisfyed Facts, Gap evidence 1-3, 5, 6, 34, Eul evidence 3-1 through 3-3, the purport of the whole pleadings]

2. Determination as to the claim on the principal lawsuit

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 20 million and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from July 2, 2012 to March 19, 2014, the delivery date of the complaint of this case, and 20% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment, barring any special circumstance.

B. The Defendant’s assertion 1) The Defendant’s assertion as to the Defendant’s argument is as follows: (a) even if the instant goods are not patented products before the conclusion of the sales contract for the instant goods, the Plaintiff deceptioned the Defendant that the instant goods are fit to be used in the Defendant’s aquaculture; and (b) the Defendant concluded a sales contract for the instant goods with the Plaintiff, thereby cancelling the sales contract.

B. We examine whether there is a dispute between the parties or not, evidence No. 3, evidence No. 8-1, evidence No. 9, and evidence No. 8.