A. The Plaintiff is an individual entrepreneur engaged in gold-type operations with the trade name of “D,” and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation with the objective of manufacturing, selling, etc. baby tea.

B. On December 14, 2017, the Plaintiff concluded a contract between the Defendant Company and the Defendant Company to produce and supply gold papers necessary for the production of a baby carriage produced by the Defendant Company as follows.

(hereinafter referred to as “the gold-type production contract of this case”). (1) The gold-type details to be supplied by the Plaintiff to the Defendant Company under this contract shall be in accordance with the annexed order list and product drawings.

Article 3 (Delivery and Approval of Gold Paper) (1) The date of completion of delivery: February 28, 2018. (2) The date of completion of delivery due to the modification of drawings and the modification of specifications at the request of, and consultation with, the defendant company may be changed under an agreement.

③ At the place designated by the Defendant Company, the Plaintiff shall deliver gold punishment, and the Defendant Company shall accept gold punishment, and the present parts shall be considered as approval for gold punishment by issuing approval for parts after inspecting water size, external appearance, etc.

Article 4 (Prohibition of Substitute Payment) (1) Total Amount of gold production: 73,700,000 won (including value-added tax) (2) At the same time as a contract is concluded and at the same time a down payment is paid for 50% (36,850,000 won) of the down payment to the Plaintiff’s account, and the remainder 50% (36,850,000 won) shall be paid immediately at the time of passing the test after completion of gold production.

C. The Plaintiff commenced the gold production in accordance with the instant gold production contract, and received KRW 16,50,000,000 from the Defendant Company as the down payment, on December 14, 2017, and KRW 20,350,000 on January 12, 2018.

On February 21, 2018, the Plaintiff revealed that the gold production had been completed, and around February 21, 2018, the gold production had been made to Defendant C who had practically operated the Defendant Company, but on the part of the Defendant Company, the Plaintiff did not perform the acquisition or inspection on the current issues for the reason of business transfer.

The Plaintiff’s instant case around February 2018.