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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 27, 2017, the Defendant entered into a contract between the Defendant and C Co., Ltd. (hereinafter “C”) with respect to the manufacture and installation of D equipment as follows (hereinafter “instant contract”).
[Mains of the original contract of this case] Article 2 (Payment Period and Delivery Place) The details of the object produced by C and supplied to the defendant under this contract are as follows.
D Article 5 (Delivery and Completion of Installation)
1. The time when C manufactures the subject matter and transfers it to the place designated by the Defendant under this Agreement shall be March 20, 2018 (in the event of delay due to the inside circumstances of the Defendant, the agreed schedule).
2. C is the time of completing the installation of the object at a place designated by the Defendant (the time of completion of installation) on September 25, 2018 (the time of delay due to the inside circumstances of the Defendant).
Article 8 (Payment of Price)
A. The defendant shall pay 0 won in advance.
B. The defendant shall pay 70% (1,470,000,000) of the contract price as part payment to C in cash or with promissory notes within the following month, on the basis of the time (the due date) at which the object was put into storage.
C. The defendant shall pay 30% of the contract price (630,000,000 won) to C with cash or promissory note in accordance with the defendant's internal payment conditions within the following month, if it is determined that there is no problem in mass production based on the completion of the final installation of the object.
B. On March 16, 2018, the Plaintiff and C’s subcontract 1) entered into a contract with C to accept the charging and program work among D facilities (including value-added tax) at KRW 205,920,000 (hereinafter “instant subcontract”).
(2) On May 30, 2018, the Plaintiff entered into a contract with C, and received 61,776,000 won as advance payment (30% of the subcontract price) from C on April 6, 2018. (2) On May 30, 2018, the intermediate payment of KRW 123,552,00 (60% of the subcontract price) of the instant subcontract, and the contract materials and additional work costs of KRW 36,300.