1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Facts of recognition;

A. On April 10, 2014, the Plaintiff and the Defendant concluded a contract under which the Defendant set the contract amount of KRW 24,900,00 (excluding value-added tax) as KRW 24,90,000 (excluding value-added tax) and the Defendant entered into a contract at the site of the Jeju Fertilizer Co., Ltd. (hereinafter “instant site”) to set up the Plaintiff’s machinery (hereinafter “first machinery”) during the period from April 16, 2014 to April 18, 2014 (hereinafter “first contract”).

The plaintiff paid 13,00,000 won to the defendant according to the first contract on the same day.

The first machinery was scheduled to be transported to the site of this case with machinery produced by the plaintiff's request to SIC Co., Ltd. after being loaded in Trpers.

B. On April 15, 2014, in order to implement the first contract, the Plaintiff loaded the first machinery in the Jeju Ship “Shoon” from the Incheon Port, and the Defendant loaded the equipment necessary for the installation of machinery, the equipment necessary for the installation of machinery, and the vehicles, etc. to be used at the construction site.

On April 16, 2014, at 8:50 am on April 16, 2014, the Sewol ferry was returned to the sea near the Chonam-gun, Jindo-gun drawings, and the first machinery and the equipment and vehicles loaded by the Defendant were all sunken.

C. Since then, the Plaintiff made an order again for a part of the first machinery (hereinafter “second machinery”), and concluded a contract with the Defendant on June 3, 2014, setting the contract amount of KRW 18,00,00 (excluding value-added tax) with the Defendant, and the Defendant entered into a contract with the Defendant on June 9, 2014 to June 12, 2014 for the installation cycle of the second machinery at the instant site (hereinafter “second contract”).

The plaintiff paid 12,00,000 won to the defendant according to the second contract on the same day.

The Plaintiff did not pay the remainder of KRW 6,000,000,000 even if the installation of the second machinery was completed, and on August 18, 2014, the Plaintiff paid the Defendant the remainder of KRW 6,00,000 for the second contract until September 4, 2014.

“A letter of payment undertaking” was drawn up and issued.

On June 8, 2015 and September 15, 2015, the Plaintiff paid the down payment to the Defendant under the primary contract 13,000.