1. The Defendant shall pay to the Plaintiff KRW 23,50,000 and the interest rate of KRW 15% per annum from January 26, 2016 to the day of complete payment.

Basic Facts

On February 6, 2014, the Plaintiff entered into a shower Fund Production Contract (hereinafter “instant contract”) with the Defendant in order to produce the form of gold necessary for the production of shower box, and paid KRW 10,000,000 on the same day the down payment of KRW 10,000,000. The main contents of the instant contract (hereinafter “instant contract”) related to the instant case are as follows.

Article 2 (Expenses for Manufacturing Gold and Terms and Conditions of Delivery of Products)

(a) Total amount of contract: 30 thousand won;

(b) Method of payment: 10,000 won for down payment, intermediate payment of 10,000,000 won, after entering into a contract, shall be paid in 10,000 won for each installment of 1,000 items for each contract at the time of completion of 10 samples after TRY

(c)in the event that products are supplied in a fluent manner after the production of gold with recognition of the direct and indirect amount of the initial development, the Plaintiff and the Defendant shall consult with each other.

The unit price of a product shall be determined through mutual consultation after the completion of gold.

Article 4 (Quality Assurance and Defect Assurance)

A. When there is a defect in quality, the defendant must, upon the plaintiff's request, repair the defect without delay.

Provided, That the part caused by the negligence of care and management of the plaintiff shall be repaired through mutual consultation.

Article 11 (Termination of Contract)

A. The plaintiff and the defendant may terminate the contract when they violate the provisions of this contract.

B. The Plaintiff and the Defendant may terminate the contract when it is determined that it is difficult to maintain the contract due to intentional obstruction of business or lack of capacity.

Since then, the defendant completed the production of gold in accordance with the contract of this case and completed several revisions at the plaintiff's request, but the plaintiff requested correction and repair of defects for the sample products and did not pay the remainder.

Accordingly, the defendant filed an application against the plaintiff to seek payment of the gold-making price by Busan District Court 2015s.5662(2)(2015da24375).

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