1. The plaintiff's claim is dismissed.

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

1. The facts under the following facts are either in dispute between the parties or in full view of the purport of the entire arguments in Gap evidence Nos. 1 to 3, and there is no counter-proof.

The plaintiff is a person who is engaged in gold production and processing business in the trade name of "C", and the defendant was trying to manufacture and sell a patented sports organization.

B. Around September 2015, the Defendant produced a gold paper to manufacture the Defendant’s wife’s patented sports organization, and the Plaintiff and the Defendant followed the process of consultation, and then produced the gold paper of the sports organization (hereinafter “the gold paper of this case”) for KRW 118 million to the Defendant by November 11, 2015. The term “the gold paper of this case” is called “the contract of this case”.

AB concluded the agreement.

C. The Defendant paid the down payment of KRW 40 million to the Plaintiff from October 1, 2015 to November 11, 2015.

2. Summary of the parties' arguments

A. As the cause of the instant claim, the Plaintiff asserts that, even though the Plaintiff completed the instant gold sentence and supplied it to the Defendant, the Defendant did not pay the remainder of KRW 78 million ( KRW 18 million - KRW 40 million). Therefore, the Plaintiff asserts that the payment is sought.

B. As to this, the defendant asserts that the gold punishment that the defendant intended to supply was insufficient to complete and it was impossible for the defendant to produce a sports organization scheduled to complete, and that the plaintiff failed to complete it even though the defendant continuously requested the completion of it, and that the defendant would eventually terminate the contract of this case as the business prepared by the defendant was no longer completed.

3. Legal interest.

A. The so-called contract for the supply of products that one of the parties agrees to supply goods made of his own use of materials according to the order of the other party and the other party agrees to pay the price therefor, is the nature of the contract in terms of the production.