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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Around June 17, 2013, the Plaintiff entered into a contract with the Defendant for the production and supply of the anti-psychotropic drugs measuring instrument ordered by the Defendant C to KRW 11,110,00 (including value added tax) (hereinafter “instant contract”). The Plaintiff’s delivery of the anti-psychotropic drugs measuring instrument it manufactured to C on July 17, 2013 to the place designated by the Defendant may be recognized if there is no dispute between the parties, or if there is no dispute between the parties, or if the purport of the entire pleadings is added to the testimony of the witness D.
According to the above facts, the defendant is obligated to pay to the plaintiff 1,110,000 won for the price under the contract of this case and damages for delay, unless there are special circumstances.
2. Judgment on the defendant's defense
A. The defendant's defense was produced by C to produce and supply anti-bloods that meet the criteria ordered by the defendant, but do not meet the above criteria. The plaintiff's defense was returned to the plaintiff again, and since the contract of this case was rescinded, the plaintiff cannot respond to the plaintiff's request.
B. The so-called production supply contract under which one of the parties to judgment agreed to supply goods made of his own use of his/her own materials according to the order of the other party and the other party shall pay the price for the manufacture is in the nature of the contract and the nature of the transaction and the contract in terms of supply. Thus, the applicable law applies to the case where the goods to be manufactured and supplied under the contract are substituted by the goods to be manufactured and supplied under the contract. However, if the goods are ancillary goods to meet the demand of a specific client, the supply of the goods and the manufacture are made with the main purpose of the contract, and the contract shall be made with the Supreme Court Decisions 2004Da21862 Decided October 13, 2006; 25 November 25, 2010.