1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On August 7, 2015, the Plaintiff entered into a equipment supply contract (hereinafter “instant contract”) with the Defendant, who is engaged in the manufacturing, etc. of machinery under the name of “B,” whereby the Plaintiff supplied the Defendant with Glas Glazing Syst (hereinafter “instant machinery”) (including KRW 99,00,000, installation cost of KRW 22,000,000, and value-added tax). However, the Plaintiff entered into a contract with the Defendant to install the instant Chinese factory (hereinafter “instant Chinese factory”).

B. In the instant contract, the Plaintiff received 80% of the price of the instant machinery from the Defendant in cash and issued a payment guarantee letter for the remaining 20%, and then supplied the instant machinery to the Defendant. The Defendant determined to pay 20% of the remainder of the machinery until August 21, 2015, 50% of the installation cost within one month after delivery of the instant machinery, and 50% of the remainder of the installation cost within three months after completion of trial operation.

C. Around August 2015, the Defendant received the instant machinery from the Plaintiff and sent it to the Chinese factory of this case. Around December 2015, the Plaintiff completed the test run after installing the instant machinery in the instant Chinese factory in accordance with the instant contract.

On the other hand, on August 11, 2015, the Defendant paid KRW 79,200,000 to the Plaintiff, equivalent to 80% of the instant mechanical cost.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-13 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. Comprehensively taking account of the facts acknowledged prior to the determination on the cause of the claim, the Plaintiff supplied the Defendant with the instant machinery, and thus, the Defendant is obligated to pay the Plaintiff the amount of KRW 19,800,000 (=79,000,000 - KRW 79,200,000), the installation cost of KRW 22,00,000, total of KRW 41,80,000, and delay damages.

B. The Defendant’s assertion is disputing the purport that the construction of the instant machinery and the trial run have not been completed, but the Defendant raised objection from the Plaintiff on August 2015.