1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff’s assertion entered into the instant contract with the Defendant for the improvement and repair of the Defendant’s heavy rubber launch machine (RUBERIN JECN PRES) (hereinafter “instant contract”). Although the Defendant paid advance payment of KRW 20 million to the Plaintiff by May 30, 2011, the Defendant did not pay the remainder by paying only KRW 10 million among the total contract amount.

As a result, the Plaintiff was unable to perform the contract entered into with the subsidiary processing company in order to perform the work in accordance with the instant contract, and there was also a loss equivalent to the personnel expenses. Since the total amount exceeds KRW 41.6 million, the Defendant is liable for the above damages to the Plaintiff, and the Defendant is liable for the payment of KRW 40 million among them.

B. Although the Defendant alleged that the Defendant did not pay part of the advance payment under the instant contract to the Plaintiff, this is due to the fact that the Plaintiff received some of the advance payment from the Defendant and did not almost proceed with the renovation work, and the amount of damages claimed by the Plaintiff was not actually generated.

2. The fact that the Defendant did not pay part of the advance payment of KRW 20 million under the instant contract does not conflict between the parties, but the each statement of evidence Nos. 1 and 3 submitted by the Plaintiff alone is insufficient to recognize the fact that the damages as alleged by the Plaintiff have occurred due to the above facts, and there is no other evidence to prove otherwise.

Despite the repeated promotional measures of the full bench, the Plaintiff did not submit supporting materials to prove the damages.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.