A. The Plaintiff is a company engaged in the manufacturing, export and import business, etc. of pressure machinery.

The defendant is a company that manufactures heavy equipment parts, machinery parts, factory machinery, industrial machinery, etc.

B. On November 18, 2014, the Plaintiff and the Defendant agreed with the following contents:

[2] The Plaintiff, on November 18, 2014, promised to place an order for 50,000,000 won to the Defendant, on the condition that the documents drawn up between the Plaintiff and the Defendant regarding the instant agreement are “A” (written confirmation). 1) The Defendant paid the Plaintiff KRW 55,00,000,000 for the export of Russ to the Plaintiff until November 25, 2014, additional 2,000 tons for the manufacture of 3 sets and disposable containers and 1,500 tons for the manufacture of disposable containers. 2) The Plaintiff would pay the Plaintiff KRW 50,00,00 to the Defendant on the condition that the products under the instant agreement were ordered by the Defendant. The Plaintiff paid KRW 55,00,000 to the Defendant on November 18, 2014, 【the amount including value-added tax’s grounds for recognition, Party A’s evidence 1, 2, 3-1, 2-4-1, each of the pleadings.

2. The parties' assertion

A. The plaintiff asserted that the plaintiff paid a total of KRW 55,00,000 to the defendant on the condition that he received an order for press machine from the defendant pursuant to the agreement of this case. The defendant did not perform his duty of ordering press machine to the plaintiff.

Since the Defendant did not perform the obligation to place an order under the instant agreement, it is obligated to return KRW 55,00,000 to the Plaintiff.

B. The Defendant’s assertion that the Defendant received from the Plaintiff does not mean that the Defendant promised to place an order for press machine.

In around 2014, the defendant introduced the plaintiff to the plaintiff to enter into a sales contract for the pressure presses and open air with the plaintiff, and agreed to receive KRW 50,000,000 from the plaintiff as a brokerage commission.

However, the plaintiff did not pay 50,000,000 won of the above brokerage commission.