1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company that runs a paper recycling business, and the Defendant is a person who produces and installs a document scraper.

B. On July 25, 2014, the Plaintiff entered into a contract with the Defendant to be manufactured and constructed on the price of KRW 91,700,000 (value-added Tax Separate) for a scrap machine up to KRW 3,500-4,00 per hour (hereinafter “instant installation contract”).

According to the instant installation contract, the period of manufacturing scrapers shall be from July 28, 2014 to the same year.

9. up to 5. The scope of construction work is the construction work after production, and the defendant shall promptly, accurately, and faithfully treat A/S, and the maintenance shall be one year for free maintenance, and A/S shall be treated after mutual consultation.

C. The Defendant manufactured scrapers pursuant to the instant installation contract (hereinafter “instant scrapers”) and completed the construction of the Plaintiff’s factory on September 5, 2014.

By December 4, 2015, the Plaintiff paid KRW 98,860,000 out of the amount of the instant establishment to the Defendant.

On November 29, 2016, the rehabilitation procedure began on November 29, 2016 by the District Court 2006 Ma1009, and the representative director C of the Plaintiff was appointed as a custodian, and the rehabilitation procedure was abolished on June 2, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including virtual number), Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is merely 1,395-2,120 g per hour, and the capacity per hour falls considerably below the agreed capacity under the instant installation contract. Thus, the Defendant is liable for nonperformance due to incomplete performance.

Therefore, the Defendant is obligated to compensate the Plaintiff for damages equivalent to KRW 329,01,934 for personnel expenses incurred by the Defendant’s employees directly performing his/her duties of crushing to the degree of insufficient capacity.

B. The Defendant’s assertion that there was no defect at the time of installation of the instant scraper, and the Plaintiff’s performance was done for three years thereafter.