1. Basic facts

A. On March 29, 2019, the Plaintiff entered into a contract with the Defendant for the purchase of equipment with the content that the Plaintiff shall pay to the Plaintiff advance payment of KRW 30 million, intermediate payment of KRW 30 million, KRW 100 million, and KRW 100 million ( separate value-added tax), within 30 days after completing on-site inspection (hereinafter “instant contract”).

Meanwhile, Article 5(3) of the instant contract provides that “If the Plaintiff’s failure to supply equipment at the time due to the Plaintiff’s fault or the supplied equipment fails to pass an inspection, the Plaintiff shall make efforts within one month to supplement and improve it.

If such a situation occurs, the plaintiff shall pay to the defendant a penalty equivalent to 3/1000 of the contract price at the time of delay every one day.

Provided, That the penalty shall not exceed 10% of the contract amount.

B. On April 9, 2019, the Plaintiff received advance payment of KRW 33,00,000 (including value added tax) from the Defendant, and installed the instant equipment in the Defendant factory around July 2019. However, the Defendant did not pay the remainder of equipment on the ground that the instant equipment was not included in the process of processing scurbling with the surface prior to the network construction process where the glass fiber is attached to the instant equipment (hereinafter “curbing process”).

【Fact-finding without dispute over recognition, Gap's entries in Gap's evidence 2, 9, and 10, and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff installed the instant equipment in the Defendant factory in accordance with the instant contract, and the Defendant did not perform it without any justifiable reason despite the Defendant’s duty to examine it.