1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

The court's explanation of this case is the same as the reasoning of the judgment of the first instance, except for the addition of paragraph (2) below, and thus cites this case by the main sentence of Article 420 of the Civil Procedure Act.

Additional Determination

A. On the grounds delineated below the Defendants’ assertion, it cannot be deemed that the Plaintiff’s Intervenor (hereinafter “ Intervenor”) provided lawful performance of the instant mechanical delivery obligation to the Defendant Company on March 21, 2014.

1) The Intervenor’s obligation to deliver the instant machinery to the Defendant Company was due on October 22, 2013, which was the date when the instant decision became final and conclusive, and thus, the instant machinery was completely assembled and delivered to the Defendant Company according to the condition that it can be immediately operated as soon as possible. However, according to the photographs taken around March 2014 and December 2, 2015 by the Intervenor, who is an employee of the Defendant Company, had not been able to receive the instant machinery at any time if it was collected by the Defendant Company. (ii) The instant machinery was located in Seongbuk-gu E at the time when the claim was established, but the Intervenor transferred the instant machinery to the Defendant Company’s factory located at his own discretion, and then transferred the machinery to the Defendant Company’s factory located at around October 31, 2013, which was located at the time when the claim was established, and then the Intervenor transferred the machinery to G on July 7, 2014.

The transferred place is not the original place of repayment, but the intervenor did not give sufficient prior notice to the defendant of the justifiable grounds before.

3) The content certification sent by the Intervenor to the Defendant Company on March 21, 2014 does not clearly indicate the storage place of the instant machinery, and cannot be confirmed at all as to whether the preparation for performance was completed due to the failure to attach photographs, etc. verifying the condition of the instant machinery. (B) In the event a creditor’s act is required to perform the obligation, the obligor is the obligee.