A. On April 12, 2018, the Plaintiff and the Defendant concluded a service contract with the content that the Plaintiff develops and supplies automatic MTF measurement equipment for small sirens used in the functions required by the Defendant (hereinafter “instant service contract”), setting the development period from April 16, 2018 to October 15, 2018 (which may be extended by both advance agreements). The development cost is the total amount of KRW 15 million, which is KRW 15 million within seven days after the conclusion of the contract, and KRW 4 million within three months after the conclusion of the contract, and KRW 4 million shall be paid in installments within seven days after the completion of the development and performance of the previous service on October 15, 2018, and the remainder of KRW 4 million shall be paid in the form of annual salary for six months after the conclusion of the contract.

B. The Plaintiff started data collection and review around that time in accordance with the instant service contract. Around April 22, 2018, the Defendant requested the Plaintiff to completely review the development of the task and to discuss the subsequent three months, and did not pay KRW 3 million to the Plaintiff within seven days after concluding the contract. On May 11, 2018, the Plaintiff sent a content-certified mail to the Defendant and notified the Defendant on May 11, 2018 that “if the contract is performed or there is no intention in the development, the Plaintiff shall clearly express his/her opinion, and prepare and implement the corresponding measures.” On the 19th of the same month, the Plaintiff sent a task report (the first) summary of the progress of the contract to the Defendant.

C. Accordingly, on May 25, 2018, the Defendant rendered the instant service contract to the Plaintiff refers to a pre-sale task under the condition of purchase by the Ministry of SMEs and Startups.

Along with the defendant's request for withholding, it is not consistent with general transaction practices to commence performance in a situation where the payment of down payment or other similar money has not been made, and it is not consistent with the general transaction practices.