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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. The parties' assertion
A. On January 19, 2015, the Plaintiff was awarded a contract with the Defendant (hereinafter “instant gold model”) for the heat melting that the Defendant would produce the instant gold plates and for the Foundation work at once (hereinafter “the instant gold model”), and produced the first gold model on January 19, 2015, but the Defendant delegated C (trade name: D) with all the affairs pertaining to the instant gold model, made a new gold model several times until May 27, 2015 in consultation with C, and delivered it to the Defendant’s chair E. The Defendant agreed that the Defendant would bear the production cost of the instant gold model. As such, the Defendant is obligated to pay the Plaintiff the price for the instant gold model goods, KRW 77,969,970, and delay damages.
B. The Defendant paid to the Plaintiff KRW 6,900,000 for down payment, which was made on January 19, 2015 by the Plaintiff without any further foundation’s need. However, even though the Defendant had properly made a plan to the Plaintiff, the first gold model manufactured on January 19, 2015, which was made by the Plaintiff, was a defect that was made on the part of the Plaintiff, and the Plaintiff did not produce a proper gold model even if the Plaintiff re-produced the gold model, and the Defendant did not have any authority over the production of the gold model in this case to the Plaintiff or to delegate all the authority of the Plaintiff with respect to the production of the gold model in this case to the Plaintiff, or to bear all the costs of the production of the gold model in this case to the Plaintiff. Therefore, the Defendant did not have any obligation to pay the said gold model to the Plaintiff.
2. Facts of recognition;
A. On January 2015, the Defendant awarded to the Plaintiff KRW 6,900,000,00 as down payment, the instant gold-type production, which is made at once by heating melting, cutting, and drilling hole, to the Plaintiff by introducing C around KRW 23,00,000.
B. On January 19, 2015, the Plaintiff, upon receiving a drawing from C, produced the first gold punishment, but does not simultaneously with heat melting, drilling, etc., and thus, is sentenced to a gold punishment until May 27, 2015, following consultation with C.