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

Purport of claim and appeal

1..

A. The Plaintiff is a person engaged in the parts processing business with the trade name C, and the Defendant is a company engaged in the manufacturing of metal structure materials and power generation facilities.

B. Around September 2017, the Plaintiff processed parts of “strings, aircraft,” and then supplied the first parts to the Defendant. On October 31, 2017, the Plaintiff issued an electronic tax invoice, which is KRW 9,350,000 (including value-added tax) with the Defendant supplied.

C. Thereafter, around March 2018, the Plaintiff processed parts of “work units, air engines,” and “rails, lifts-type, and manual type,” and issued electronic tax invoices, which are KRW 26,840,000 (including value-added tax) to the Defendant on March 31, 2018.

On June 21, 2018, the Defendant remitted KRW 9,350,000 to the Plaintiff for supply of goods and KRW 6,840,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff processed and supplied each aircraft part at the Defendant’s request. A total of KRW 36,190,000 = KRW 26,840,000 for the secondary supply of goods 26,840,000 for the primary supply of goods = KRW 16,190,00 for the secondary supply of goods 26,840,000 = KRW 9,350,000 for 6,840,000, and thus, the Defendant is liable to pay the Plaintiff the unpaid amount of KRW 20,00,000 for delay payment.

B. The Defendant’s summary of the Defendant’s assertion is consistent with the Plaintiff’s entrustment of manufacture with respect to “stamping and aircraft use parts” parts. However, with respect to “work units, air engines,” and “mancopic, lifts-type, and manual-type” parts, only requested the manufacture to the original D company (hereinafter “D”), and there is no error in concluding a supply contract with the Plaintiff, and thus, the Plaintiff is not liable to pay the price.

Even if liability is recognized for the defendant, additional expenses were incurred due to defects in the parts supplied by the plaintiff, and due to delay in the delivery, the defendant is liable for delay against the Defense Acquisition Program Administration, which is the supplier.