1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a company established for the purpose of waste collection, transportation, disposal, etc., and the Defendant is a personal business operator who manufactures industrial machinery with the trade name B.

B. On January 14, 2013, the Plaintiff and the Defendant entered into a contract for the manufacture and installation of the instant machinery (hereinafter referred to as “instant machinery”) and the Defendant, around March 7, 2013, established the Plaintiff’s workplace after the instant mechanical test run.

(B) Newly installed two consortiums. (C)

On March 10, 2014, the Defendant filed a lawsuit against the Plaintiff, asserting that the Plaintiff was not paid KRW 17,437,364 among the instant mechanical cost of KRW 56,50,000 (including the additional installation cost of KRW 5,650,000 (including the additional installation cost of KRW 2 container).

On the other hand, the Plaintiff argued that the Plaintiff did not remain unpaid goods since the Plaintiff paid 4,228,000 won to the Defendant on behalf of the Plaintiff, on January 29, 2014, as the Plaintiff paid 4,150,000 won to the Plaintiff in the manufacturing and installation process, inasmuch as the Plaintiff installed an additional agreement to reduce 5,00,000 won from 50,000 won for the goods due to the mechanical defect.

(hereinafter “instant prior suit”). D.

Then, on May 12, 2014 and May 30, 2014, the Plaintiff stated to the Defendant on May 12 and May 30, 2014 that “If it is impossible to repair or replace the machinery until May 23, 2014, the Plaintiff could return KRW 45,728,000, including the machinery cost and the installation cost, to the Defendant, since the defect of noise and vibration was discovered in the instant machinery as a result of a trial run on March 2013.”