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1. The judgment of the court of first instance is modified as follows.
The defendant shall have the seal affixed to the list from the plaintiff.
Reasons
1. The underlying facts and the grounds for this part of the allegations by the parties are as follows: “A delivery of the “delivery” under Chapter 18 of the second judgment of the court of first instance; “Other stamp on April 30, 2015” under Chapter 19 of the same part is as “a stamp on April 6, 2015 (hereinafter “the instant stamp”)”; “the date of the instant contract” under Chapter 2 under the third page of the judgment of the court of first instance is as “the date of February 5, 2015”; “2017Na540” under Part 9 of the first judgment of the court of first instance is as “2017Na540”; “No. 8, 30, 32, 316 and 216 of the judgment of the court of first instance,” respectively; “No. 4 of the judgment of the court of first instance is as follows.
(Article 420 of the Civil Procedure Act). 2. Judgment on the primary claim
A. The so-called production supply contract under which one of the parties to the relevant legal principles agrees to supply goods made by using his/her own materials according to the other party’s order and the other party agrees to pay the price therefor. Since the so-called production supply contract has the nature of contract in terms of its production and the nature of sale and contract as a substitute in terms of its nature, the applicable law applies to sale and purchase where the goods to be manufactured and supplied under a contract are substitute goods. However, if the goods are ancillary goods to meet the demand of a specific client, the supply and manufacture of the goods are the main purpose of the contract (see, e.g., Supreme Court Decision 94Da42976, Jun. 28, 1996). Article 668 of the Civil Act provides that “a contract may be rescinded where the contractor can not achieve the purpose of the contract due to any defect in the completed object, and the purpose of the contract in this context cannot be achieved due to a significant and long period of time, even if it is impossible or possible to repair such defect.