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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 8, 2012, the Plaintiff entered into a gold production contract (hereinafter “instant contract”) with the Defendant, which includes the following:
- D - Goods- The remainder of KRW 26 million remaining 20 million on December 25, 2012, 2000,000,000,000,000,000 for multi-use franchises (including fishing) production;
3. The Plaintiff pays 26 million won as down payment on October 8, 2012.
4. The defendant shall start the gold-making after receiving the down payment.
5. It shall be agreed on both sides in the case of a design change in the production of gold, and shall be cooperative;
6. The plaintiff shall pay the balance, unless there is any error in the fact that the defendant completed the gold punishment and suggest it.
7. The defendant must comply with the Commercial Code in the event that the defendant is unable to complete the sentence by the date of promise without any reason.
8. When any defect occurs in the use of gold bullion, repair shall be conducted without compensation for one year;
(b) for the production of gold, the product design should first be made and the gold-type drawing should be drawn up on the basis thereof;
Accordingly, C separately requested by the Plaintiff to take charge of product design, and the Defendant received product design from C and prepared a gold map based on this, and produced gold paper.
C sent the product design map to the Defendant on October 24, 2012, and each revised design map was sent on December 17, 2012, January 30, 2013, and May 29, 2013. Accordingly, the Defendant continued to revise and supplement the shape map by January 3, 2014.
C. On October 8, 2012, the Plaintiff paid the Defendant a penalty of KRW 26 million, KRW 10 million on May 11, 2013, KRW 10 million on May 29, 2013, KRW 9 million on October 30, 2013, KRW 10 million on January 25, 2014, and KRW 10 million on January 27, 2014 (hereinafter “instant penalty”). The Plaintiff was handed over from the Defendant on January 27, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 28, Eul evidence 1 to 8, the purport of the whole pleadings
2. The Plaintiff’s assertion of the cause of the claim is that the Defendant’s error in the design of the gold-type drawing is unable to produce products, and that is, the gold-type of the instant case.