1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 18, 2014 and January 9, 2015, the Plaintiff entered into a contract with the Defendant for the supply of goods (hereinafter “instant contract”) with the content that the Plaintiff will manufacture and supply the same machinery parts as the attached list (450 parts and LM 900 parts, hereinafter “instant parts”) in total amount of KRW 206,690,000, as indicated in the attached list, respectively.

B. Around December 2014, the Plaintiff prepared a drawing for the manufacture of the instant parts and commenced the manufacture of the instant parts from January 6, 2015 to January 6, 2015 after obtaining the Defendant’s approval.

C. The Defendant did not receive the instant parts up to the date, and argued that the instant contract was rescinded during the instant lawsuit, but requested the Plaintiff to examine the instant parts around June 29, 2018.

On July 2, 2018, the Plaintiff sent a public door to the Defendant, and notified the Defendant that “In the situation where the Defendant does not recognize the nonperformance of obligation and the refusal of receipt, the examination procedure is unnecessary and thus it is unnecessary to refuse the examination.”

E. The part of the instant case is that the Defendant requested the Plaintiff to manufacture for the purpose of using the specific machinery, and the third party cannot use the said part for any other purpose.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 11 (including each number; hereinafter the same shall apply), Eul evidence Nos. 21 and 22, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff completed the manufacture of the parts of this case and the defendant refused to receive the above parts, and thus, the defendant is obligated to pay 206,690,000 won to the plaintiff at the same time as the above parts are delivered from the plaintiff.

(b)a Party’s relevant legal doctrine is to supply goods made of its own materials upon the order of the other Party.