A. The Plaintiff is a company engaged in the business of manufacturing cosmetics containers, and Defendant B (hereinafter “Defendant B”) is a company engaged in the business of manufacturing plastic pressure-types.

B. On April 17, 2018, the Plaintiff made and delivered to the Plaintiff on June 20, 2018, a production contract with Defendant B (“instant production contract”) under which the Plaintiff would pay KRW 252,000,000 (except for value-added tax) for the remainder of KRW 102,00,000,000 (except for value-added tax) to the Defendant at the same time as the instant contract was concluded. In short, the Plaintiff entered into a contract with the Defendant for production with the effect that the Plaintiff would pay KRW 252,00,000,000 (except for value-added tax) for the remainder of KRW 102,00,000,000 (except for the instant production contract) when there is no special defect after the completion of a trial operation.

(c)

On April 18, 2018, the Plaintiff paid down payment of KRW 75,000,000 to Defendant B in accordance with the instant manufacturing contract.

(d)

Defendant B did not manufacture and deliver the instant machinery to the Plaintiff even after June 20, 2018, which is the payment period stipulated in the instant manufacturing contract. Defendant B paid the Plaintiff KRW 13,80,000 in total, including KRW 6,000,000 on February 28, 2019, KRW 2,800,000 on March 4, 2019, and KRW 5,000 on March 5, 2019, KRW 13,80,000 (= KRW 6,000, KRW 2,800,000,000).

E. Defendant B closed down around August 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendants’ tort liability is jointly and severally liable to pay to the Plaintiff the remainder of KRW 61,200,000 calculated by deducting KRW 13,800,000 paid by Defendant B to the Plaintiff from the down payment of KRW 75,00,000 for the following reasons.

1) Defendant C is a person who actually operates Defendant C and led to the instant manufacturing contract with the Plaintiff.

Defendant.