The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff KRW 64,151,797 and shall pay to the plaintiff the full amount from July 15, 2020.

1. Facts of recognition;

A. On June 23, 2017, the Plaintiff filed a payment order (C) with C Co., Ltd. (hereinafter “C”) seeking the cost of goods, and received a payment order stating that “C shall pay to the Plaintiff the amount of KRW 101,700,000 and the amount calculated at the rate of 15% per annum from June 29, 2017 to the date of full payment,” and the said payment order was finalized on July 13, 2017.

B. On June 26, 2017, the Plaintiff received a provisional attachment order of KRW 101,70,000, out of the claim for the price of the goods and the construction cost against the Defendant under C on June 26, 2017 (U.S. District Court 2017Kadan202343), and the provisional attachment ruling was served on the Defendant, the garnishee, as of June 28, 2017.

C. On July 19, 2017, the Plaintiff received a provisional seizure and collection order (hereinafter “instant seizure and collection order”) against KRW 101,70,000,000, out of the money paid for the goods or the money paid for the construction of construction against the Defendant, which was subject to the provisional seizure order as seen above, as to the remainder of KRW 1,306,195, the Plaintiff received the seizure and collection order (hereinafter “instant seizure and collection order”) (Uwon District Court 2017T District Court 2017TF 109239), and the instant seizure and collection order was served on the Defendant, who is the garnishee on July 21, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination as to the cause of action

A. C’s claim existence against the Defendant 1) In full view of the respective entries and arguments set forth in Gap evidence Nos. 6, Eul evidence Nos. 1 through 12 (including paper numbers), the following facts can be acknowledged. (A) The Defendant entered into a contract with C on February 14, 2017, and C to manufacture and install facilities of BRH CAD assembly called “instant facility contract” (hereinafter “instant facility contract”), and the terms and timing of payment are as set forth below.

DB The defendant shall aggregate of the facility costs from down payment to the second intermediate payment 962,500.