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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On January 25, 2018, the Plaintiff: (a) requested the Defendant to produce a gold-type production that allows the Defendant to “collection of sanitary articles” at KRW 45 million; and (b) approved the production price.
B. Under the above contract, the Plaintiff paid the Defendant KRW 13.5 million on January 25, 2018, which is the date of the contract, and KRW 27.5 million on March 22, 2018.
C. However, the Defendant failed to complete the gold production by March 11, 2018, which was the original delivery date stipulated in the above contract.
Accordingly, on June 9, 2018, the Defendant prepared and sent to the Plaintiff, on June 25, 2018, a letter (A4) stating that “C (Plaintiff) shall complete the set of six sets of gold set requested by C (Plaintiff) by June 25, and that “C (Plaintiff) shall return the down payment and the intermediate payment by July 2, 2007,” respectively.
[Ground of recognition] The fact that there is no dispute, Gap 1-5 (including a number number for each case), the purport of the whole pleading
2. Summary of the parties' arguments;
A. Since the Defendant did not perform the obligation under the respective written statement dated June 9, 2018, the Plaintiff sought payment of KRW 27,000,000 and damages for delay as set out in the respective written statement.
B. The gold punishment was supplied on the date set by the Defendant’s Ministerial Note.
3. The following circumstances, i.e., ① the Plaintiff and the Defendant’s written statement prepared as of June 9, 2018, stating that the Defendant was unable to complete the production and supply of gold punishment by March 11, 2018, the delivery date stipulated in the original contract; ② even July 10, 2018, which was after the date stipulated in the letter as of June 9, 2018, the Plaintiff did not deliver it to the Defendant, and thus, the Defendant cannot trust the Defendant, even if it was not delivered, it appears that the Defendant could not complete the production and supply of gold punishment until that time.