2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is a legal entity that manufactures and sells freezing parts and dairy equipment, and the Defendant is a person who operates a C farm owned by the Defendant located in the Jeonbuk-gun, Jeonbuk-gun.

B. On September 2, 2013, the Plaintiff and the Defendant entered into a contract with the Defendant to supply the Defendant with the cS-3000 “CS-3000” (hereinafter “instant machinery”) for KRW 446,360,000, the contract date, KRW 20,000 for the first intermediate payment, KRW 80,000 for the second intermediate payment, KRW 180,000 for the third intermediate payment, KRW 180,000 for the third intermediate payment, KRW 136,360,00 for the remainder after the completion of the construction of the instant machinery (hereinafter “instant contract”).

C. On April 28, 2014, the Plaintiff installed the instant machinery in the Gyeyang Facility located in the said C farm. By December 30, 2014, the Plaintiff received KRW 292,480,000 out of the total price of the instant contract from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant had received the instant machinery from the Plaintiff on April 28, 2014, but did not pay to the Plaintiff KRW 153,880,00 out of the contract price of the instant case (i.e., KRW 446,360,00 in the instant contract price - KRW 292,480,00 in the price paid up to December 30, 2014). As such, the Defendant ought to pay the remainder of the goods price and damages for delay to the Plaintiff.

B. The Defendant’s assertion constitutes a production supply contract under which the Plaintiff seeks to supply the instant machinery corresponding to the ancillary article using the Plaintiff’s materials according to the Defendant’s order, and thus, the provision on the contract based on the premise of completion should be applied to the payment of the said machinery.

The machinery of this case has not been operated normally due to defects occurring in the machinery of this case until now.