2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. On March 22, 2017, the Plaintiff concluded a contract for the supply of goods with the Defendant (hereinafter “instant contract”) and agreed to supply 74,80,000 won (i.e., value-added tax of 68,000,000 won (value-added tax of 68,000,000 won) for the instant fishing contract.

According to the contract of this case, the down payment shall be KRW 10,000,000, and the remainder shall be paid in full after the manufacture of goods is completed.

B. The Defendant paid 10,000,000 won to the Plaintiff on the same day as the down payment.

C. On January 17, 2018, the Plaintiff: (a) filed a claim for payment of the price on six occasions until April 12, 2018, including requesting the Defendant to send the product value stamp, Korean customs clearance, and materials on the amount necessary for transport of the instant language to China; (b) however, the Defendant did not pay the price.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 3, 5, 7, 8, 9, 10, 11, and 13, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the determination on the cause of the claim, the Plaintiff produced the instant language in accordance with the instant contract, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder 64,800,000 won and damages for delay calculated at the rate of 15% per annum from January 9, 2019 to the day of full payment, as the Plaintiff seeks.

B. 1 The Defendant’s defense, etc. is not a simple goods delivery contract, but the Civil Act provisions on the contract as a so-called production contract, and in addition, considering that the delivery conditions of the contract of this case are “on-site arrival” and the provisions of Articles 4 and 5 on field inspection and delivery delay are stipulated, the term of this case is the Plaintiff.