1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 8, 2010, the Defendant entered into a contract between the Plaintiff and the Plaintiff for the production and delivery of the gold type (hereinafter “instant supply contract”) upon receipt of a plan regarding the production of the gold type (name: SID PPEE, model C20L, hereinafter “the gold type”) from the People’s Republic of China’s Republic of China (hereinafter “Nonindicted company”). At that time, the Defendant entered into a contract between the Plaintiff and the Plaintiff for the production and delivery of the gold type (hereinafter “instant supply contract”). At that time, the Plaintiff commenced the production of the gold type.

B. On May 25, 2010, the Plaintiff drafted the instant supply contract with the Defendant, and the main contents thereof are as follows.

The plaintiff has designed and produced the gold type of this case (gold material SDR 11, gold management number PT 10012, Guarantee SHTS 1,000,000,000) according to the requirements of the defendant and then will deliver the gold type which passed the inspection under Article 5 (2) to the defendant.

(A) Article 2(1) of the Contract: (a) The Defendant shall examine the Plaintiff’s advance payment of KRW 31 million among the total contract amount of KRW 62 million (excluding value-added tax) in return for the production and supply of the gold in this case; and (b) shall pay the remainder of KRW 6,200,000 after 6 months in Yangsan (Article 2(2) of the Contract); and (c) the advance payment shall be paid to the Defendant within 30 days after obtaining written approval under Article 3(2) or after the completion of SPL inspection; and (d) the Defendant shall not use the advance payment for any purpose other than the purpose of the contract; (e) the Defendant shall not use it for the production of the gold in this case after receiving the advance payment; (e) the advance payment may be treated as a lump sum payment without receiving the advance payment, if otherwise agreed by the Defendant (Article 6(1) of the Contract); and (ii) the intermediate payment shall either obtain approval of the written approval or obtain a notice of approval of the arrival of the advance payment.