1. Defendant COSP Co., Ltd. concerning the claim for damages due to nonperformance of obligations in the judgment of the first instance court.

1. In the first instance trial, the Plaintiff sought a claim for damages due to a tort against the Defendants, a claim for damages due to nonperformance, and a claim for the extradition of movable property against Defendant COSP Co., Ltd. (hereinafter “Defendant COS”). The judgment of the first instance court dismissed the claim for damages due to a tort, partly accepted the claim for damages due to a default, and accepted the claim for the extradition of movable property.

In this regard, since only the defendants appealed, this Court is to judge only the claim for damages caused by default and the claim for delivery of movables.

2. Basic facts

A. The status of the parties is a company engaged in the manufacturing business, etc. of electrical exchange units. Defendant COS is a company engaged in plastic pressure withdrawal, the manufacture and sale of plastic products, and Defendant Eteteex (hereinafter “Defendant Eteex”) is a company engaged in the manufacturing business of synthetic resin.

B. On March 30, 2012, the Plaintiff and Defendant COS PSP entered into a gold supply contract with the Plaintiff and Defendant CSP entered into a gold supply contract (hereinafter “instant gold supply contract”) with the content that Defendant CSP would pay KRW 50,000,000 at its production cost (hereinafter “the instant gold supply contract”). The details are as follows.

Article 4 (1) The Plaintiff shall pay the gold production cost of Defendant COS in cash at the time of conclusion of the contract. 2) The payment of the remainder of the gold production cost is not made by the Plaintiff, including the product price, to be depreciation to Defendant COS. The detailed matters are as follows: (a) The Plaintiff shall meet the following requirements:

Balance of gold production costs: 25 million won

B. Depreciation period: June 1, 2012 to May 31, 2014 (24 months).