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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of this court’s judgment on this part of the facts admitted is that the relevant part of the reasoning of the judgment of the court of first instance is identical to that of the relevant part of the reasoning of the judgment.
2. Summary of the parties' arguments;
A. Plaintiff 1) The Defendant is obligated to pay the Plaintiff the sum of the unpaid price for the goods and the value-added tax thereon, as well as the delay damages therefrom. 2) The Plaintiff purchased raw materials in order to produce the unpaid goods under an individual contract, and withheld production at the Defendant’s request that the unpaid goods will be carried over to the next year while manufacturing them in accordance with the Defendant’s work order.
However, the Defendant unilaterally revoked the order on December 12, 2013 for KS313067 and KS313068 products. Of the instant lawsuit, the Defendant asserted to the effect that the order was revoked on December 12, 2013 as well as KS313064 products through a preparatory document dated October 7, 2014 among the instant lawsuit, and that the order was revoked on December 12, 2013.
Accordingly, the Plaintiff’s unilateral cancellation of the contract and refusal of performance by the Plaintiff’s delivery of a preparatory document as of November 10, 2014 to the instant unpaid goods. As such, the Defendant is obligated to pay the Plaintiff damages incurred therefrom the remainder of KRW 467,815,180 (A = 313067 product-related 232,424,649B) and delay damages incurred by the Plaintiff to the Plaintiff. As to the instant unpaid goods, the Defendant is obligated to pay KRW 115,737,386 related to the goods of KRW 119,63,64 product-related 119,653,165, and KRW 115,737,386).