The defendant's KRW 56,100,000 and KRW 16,830,00 among them are about the plaintiff's KRW 56,10,00 from June 5, 2017, and KRW 16,830,00.

1. Basic facts

A. On May 26, 2017, the Plaintiff entered into a contract with the Defendant to supply design drawings for the production of C (C; hereinafter “instant facilities”) among the facilities for semiconductor production to the Plaintiff in return for receiving KRW 56.1 million from the Plaintiff (hereinafter “instant contract”).

According to the instant contract, the Defendant completed the preparation of a detailed drawing for the production of the instant facilities by July 15, 2017, and again, on September 15, 2017, which was two months thereafter, based on the detailed drawing as above, included the details adjusted until the time the manufacturing and installation of the instant facilities was completed, in order to supplement the detailed drawing and support the manufacturing company, etc.

B. The Plaintiff paid KRW 16,830,00 to the Defendant on June 5, 2017 under the instant contract, and KRW 16,830,00 on July 31, 2017, and KRW 11,220,00 on September 28, 2017, respectively.

C. Around February 2018, the Defendant: (a) drafted an agreement with the Plaintiff that the Defendant goes to work from February 19, 2018 to work for the Plaintiff Company to design the instant facilities; and (b) completed the entire drawings by April 30, 2018 (hereinafter “instant agreement”).

On May 29, 2018, the Plaintiff expressed to the Defendant an intention to rescind the instant contract on the ground that the Defendant was unable to perform the instant contract even until April 30, 2018, which was finally agreed upon by the Defendant, and such declaration of intention reached the Defendant on May 30, 2018.

[Ground of recognition] The fact that there is no dispute, Gap's 1 or 5 evidence, appraiser D's appraisal result, the whole purport of pleading

2. Determination:

A. Comprehensively taking account of the facts acknowledged as above and the purport of the entire pleadings as a result of appraiser D’s appraisal, the Defendant was obligated to complete the design drawings under the instant contract at latest by April 30, 2018, but was first dried on May 12, 2017 for the manufacture of the instant facilities.