A. On May 20, 2013, the Plaintiff entered into a contract with Nonparty A Co., Ltd. (hereinafter referred to as “A”) for the supply of crops with a total of 26 machinery and equipment necessary for the installation of DTC assembly units (excluding value-added tax) at the Sungju Factory A by August 10, 2013 (hereinafter referred to as “instant original supply contract”).

B. On May 24, 2013, the Plaintiff entered into a contract with the Defendant for the production cost of KRW 1,485,000,000 (including value-added tax; hereinafter the same shall apply) for the installation of a part of the facility project, which is a horizontal circulation DTC assembly, within the foregoing DC assembly (hereinafter “the external production contract, which is a horizontal circulation DC assembly”) by August 10, 2013. On June 28, 2013, the Plaintiff entered into a contract with the Defendant to supply the part of the production performance test (hereinafter “the external production performance test contract”) with the Defendant to the Plaintiff by August 10, 2013.

C. The total contract amount of each of the above external production contracts (hereinafter referred to as “instant external production contract”) is KRW 1,694,000,000 (i.e., KRW 1,485,00,000). In the process of production, the contract amount of KRW 19,77,167,167 (i.e., KRW 17,979,243 x 1.1.) was excluded from the O-RING assembly proceeds (i.e., KRW 1,674,222,83 (=1,694,00,000 - KRW 19,777,167,00). In the event the Defendant fails to complete the production within the production period, the entire contract amount is adjusted to compensate the Plaintiff for delay for an amount equivalent to 3/100 of the contract amount per day.

The Plaintiff paid 433,189,160 won in total, including KRW 133,189,160, and KRW 30 million on May 30, 2013, as part of the down payment on May 29, 2013 under the external production contract, which is the aforesaid horizontal circulation DCR assembly, to the Defendant as down payment, and on August 26, 2013. < Amended by Act No. 11903, May 30, 2013>