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1. The Defendant’s KRW 127,00,000 as well as 5% per annum from June 1, 2018 to November 28, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. A. Around February 24, 2017, Nonparty C Co., Ltd (hereinafter “Nonindicted Company”) concluded a production contract with the Defendant with the content that the Defendant would complete the 125,000,000 won of the 125,000 won of the scisfing machine, etc., and that the Defendant would complete the scisfing machine, etc. until July 30, 2017, after transporting the scisfing machine to the place designated by the Plaintiff, and thereafter complete the trial operation until August 10, 2017, the Nonparty Company paid the Defendant KRW 37,50,000,000,000, including the scisfing machine, around April 21, 2017, and around May 11, 2017.
B. On September 1, 2017, the Plaintiff succeeded to the status of the non-party company: (a) revised the above contract with the Defendant; (b) manufactured machinery, such as “the 203,600,000 won for 203,60,000 won for the Defendant; and (c) concluded a contract for the supply of crops with the effect that the Plaintiff will complete the trial run until December 15, 2017, after transporting and installing it to the place designated by the Plaintiff; and (d) concluded a contract for the supply of crops (hereinafter “instant contract”); and (c) thereafter, the crens and SCR’s 5 bits added the 111,00,000,000 won for the final contract amount to KRW 214,60,600,000.
C. In the instant contract, the Plaintiff and the Defendant substitute the down payment under the instant contract as the down payment on February 24, 2017, and the intermediate payment of KRW 50 million under the instant contract was paid on September 1, 2017. The Plaintiff and the Defendant agreed to pay the remainder KRW 127,100,000 when there is no error after the examination of the production of the product.
Since then, the Plaintiff paid 127,00,000 won in total to the Defendant, including the intermediate payment of September 1, 2017, KRW 50,000,000 on November 14, 2017, and KRW 127,00,000 on February 2, 2018, but failed to have the machinery supplied from the Defendant under the instant contract.
E. Accordingly, around May 16, 2018, the Plaintiff urged the Defendant to supply the machinery, and the Plaintiff may rescind the contract if the supply is not made by the 21st day of the same month while urginging the Defendant to deliver the machinery, and again on May 23, 2018.