1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Recognizing the facts of recognition, Article II Contract Price (VT Separate): 1. Payment Terms and Conditions of 200,000,000,000 for down payment (20,000,000,000,000, and 2. The payment period of intermediate payment, 40%, amount, 80,000,000,000,000 when the payment is made. <3> The balance, 30%, 60,000,000,000, and 60,000,000,000 when the payment is completed at the place designated by the ordering person, and the period of trial operation until the inspection is completed shall be one month from the payment period under paragraph 1 of Article III.

(2) Where a failure to complete a trial operation within the period agreed upon by a supplier causes loss, such as the suspension of production, etc., to the project owner, the same condition as the repayment shall apply to the number of days per loss.

(Provided, That for the adjusted schedule of agreement between the supplier and the ordering person due to special reasons, it shall be excluded by special reasons).

On March 5, 2012, the Plaintiff entered into a contract with the Defendant for the delivery of one set of jum (hereinafter “instant machine”) for processing exclusive use (hereinafter “instant contract”) to the Defendant (hereinafter “instant machine”). The main contents are as follows.

B. The Plaintiff supplied the instant machinery to the Defendant on May 2012, and according to the instant contract, the remainder that the Defendant did not pay to the Plaintiff until then is KRW 59 million.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-2, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff supplied the machinery of this case to the defendant under the contract of this case, and the defendant paid the remaining amount of 59 million won to the plaintiff, but the plaintiff paid the defendant the amount of 18 million won out of the above machinery. Thus, the plaintiff's obligation to pay the amount of 41 million won remains.

On the other hand, the Defendant was unable to complete the examination, which is the terms and conditions for the payment of the remainder as stipulated in the instant contract due to the defects, etc. in the instant machinery supplied by the Plaintiff.