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.

1. Basic facts

A. In around 2010, the Plaintiff received a subcontract for the assembly and loading of vessels from the fleet Shipbuilding Co., Ltd., and carried out the work by inserting the body and tools into C located in the Young-do, Busan.

B. Around February 2011, the Defendant accepted the instant construction section from the Plaintiff and continued to perform the said work, and agreed to pay the price of the instant construction section after setting it thereafter.

[Ground of recognition] Facts without dispute, entry of evidence A3, testimony of witness D of the first instance trial, purport of the whole pleadings

2. The plaintiff's assertion

A. The sales contract on the instant construction section was concluded between the Plaintiff, the primary cause of the claim, and the Defendant. As at the time of the instant construction section, the market price was KRW 11,495,000,000,000 and the Defendant agreed to pay the said amount after the purchase price, the Defendant first seeks payment of KRW 70,000,000,000, out of

B. 1) Preliminary Claim 1) If the Defendant’s obligation to pay the purchase price to the Plaintiff is not recognized, the Plaintiff notified the Defendant of the rescission of the sales contract on the ground that the payment of the purchase price was unpaid, and the Defendant is obligated to pay the Plaintiff the amount equivalent to the usage fee and the price of the instant construction section for restitution and compensation for damages following the cancellation. 2) If the Plaintiff and the Defendant did not enter into a sales contract on the instant construction section between the Plaintiff and the Defendant, the Defendant is obligated to return the instant construction section to the Plaintiff. Since it is impossible to return the Plaintiff’s cause attributable to the Defendant, the Defendant is obligated to pay the amount equivalent to the usage fee and

3. Determination

A. In order to establish one contract to determine the primary cause of claim, it is required that there exists a mutual agreement between the parties, and such agreement constitutes the content of the contract in question.