1.The judgment of the first instance shall be modified as follows:

The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 70,473,984.

1. Basic facts

A. The plaintiff is an individual entrepreneur who conducts gold-type manufacturing business under the trade name of "C", and the defendant is an individual entrepreneur who conducts gold-type manufacturing business under the trade name of "D."

B. On July 2, 2012, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant, which contains the following terms and conditions with respect to the production of LED LIGHING ELK x 36W, LEIGHING ELK x 18W withdrawal type (hereinafter “instant gold type”).

Article 3. Gold-type production costs: (1) Payment method of gold-type production costs in lieu of Article 4 (Separate Value-Added Tax):

Article 6 Delay of Payment Period

1. The defendant shall, where the plaintiff caused losses to the plaintiff's business and production due to the plaintiff's failure to complete the production of gold within the payment period, deduct 5/100 of the daily penalty from the balance of payment due to compensation without delay.

Article 7 Inspections

4. All matters necessary for the presentation of current events and under the responsibility of the plaintiff, and expenses for the presentation of current events and expenses for the purchase of raw materials shall be borne by the plaintiff and the defendant 50:50 until the first and second instances, and all of the third through the plaintiff shall be borne by the plaintiff.

C. On July 24, 2012, the Defendant provided the Plaintiff with raw materials equivalent to KRW 41,750,000, such as Madrid, etc., and on August 7, 2012, the Defendant paid KRW 44,050,000 for the intermediate payment, KRW 54,60,000 for the intermediate payment on August 22, 2012, and KRW 20,000 for the remainder payment on October 12, 2012, respectively.

Meanwhile, on August 27, 2012, the Plaintiff directly produced the four set of gold in this case and delivered it to the Defendant, and the two set of gold to F.