1. Basic facts

A. The Plaintiff is a person operating C in the wholesale business of mechanical equipment, and the Defendant is a company operating the manufacturing business of electronic equipment and machinery.

B. On February 2, 2013, the Plaintiff requested the Defendant to purchase two Radry strings, which are used in the production of a printed circuit board of Handphone (PCB).

Accordingly, around May 10, 2013, the Defendant purchased two parts of the 1-TNS corporation located in Japan (hereinafter “Japan”) from Japan, which was manufactured from the 2005/2006 Dricho, Model L-2G212, hereinafter “each of the instant machinery”) manufactured from the 1-TNS corporation located in Japan, and sold each of the said machinery to the Plaintiff.

(hereinafter referred to as the “instant sales contract”) between the Plaintiff and the Defendant with respect to the purchase of each of the instant machinery.

From May 31, 2013 to June 22, 2013, the Plaintiff paid the Defendant KRW 126,000,000, in total, out of the purchase price of each of the instant mechanical devices, and paid KRW 25,229,855.

On July 2013, the Plaintiff received delivery of each of the instant machines from the Defendant and then sold the said machines again to D.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 17, Eul evidence No. 1 (including branch numbers) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff issued two orders for the same type of PCB (a model name: LC-2G212/2C) to the Defendant for the manufacture of PCB (printed circuit board) for the same type of PCB, and one of the two parts of the above machinery is entirely different from that stipulated in the instant sales contract as “LC-2G212/ABC-2C” (hereinafter “the instant machinery”). As such, the Defendant breached its duty to supply goods under the instant sales contract.

The instant machinery is installed in Korea even if it is impossible to install it in Korea.