The appeal by the Plaintiff (Counterclaim Defendant) and the incidental appeal by the Defendant (Counterclaim Plaintiff) are dismissed, respectively.

Expenses due to an appeal shall be those resulting from an appeal.

1. The fact of recognition shall be deemed combined with a principal lawsuit and a counterclaim;

A. Around August 25, 2018, the Plaintiff revealed the sampling of an angling, and asked the Defendant for the production (number 4 and 8) of a set of gold-type one for the production of a sludge. On August 27, 2018, the Defendant requested C to manufacture a set of gold-type design drawings.

B. The Plaintiff and the Defendant are above the Defendant on October 9, 2018.

On October 31, 2018, the remainder of 1.5 million won of down payment, the payment period, and the remainder of 1:00,000 won (the production and shooting of gold, and the payment after product inspection) entered into a contract to be made (hereinafter “instant contract”).

If the Plaintiff and the Defendant fail to observe the payment period stipulated in the above contract, the Plaintiff and the Defendant agreed to pay the Plaintiff damages amounting to KRW 30 million.

C. According to the instant contract, the Plaintiff paid the down payment of KRW 1.5 million to the Defendant, and the Defendant, upon receiving design drawings requested by C around October 14, 2018, produced the gold paper and supplied it to the Plaintiff on November 7, 2018, and the Defendant did not comply with the standard and framework of the above gold paper that was supplied by the Defendant, resulting in a defect between the Defendant and the Defendant at the time of assembling the sludge products.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts acknowledged earlier, the defendant delivered the penalty to the plaintiff after the payment period stipulated in the contract of this case. This constitutes a default on the plaintiff's obligation, and thus, the defendant is obligated to compensate the plaintiff for the damages suffered by the plaintiff.

As to this, the Defendant’s failure to observe the payment period is due to the fact that the design drawing was received from C on October 14, 2018 at a later date than the scheduled design drawing, and thus, it is alleged that there was no cause attributable to the Defendant’s nonperformance. However, as seen earlier, the above design drawing was requested by the Defendant, and the drawing was prepared.