1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts [Contract]

1. Description of items under a manufacturing contract: Three degrees of printing machines, IM one set;

2. Costs of production: KRW 130 million.

3. Date of delivery: On December 4, 2017, the method of payment of the price and the down payment (30%): 39 million won and the payment shall be made on August 16, 2017.

The intermediate payment (40%): 52 million won, the balance from September 30, 2017 to October 16, 2017 (30%) 39 million won, and the remainder after the installation of the machine in 2017 [Agreement]

1. Above

3. Omission.

4. When the plaintiff is unable to pay the price to the defendant, the machinery of the contract shall be owned by the defendant.

Upon the lapse of one week of payment (including intermediate payment) the Defendant shall withdraw the machinery at the place of installation and manufacture of the Plaintiff’s machinery.

If payment is not performed due to the plaintiff's circumstances after the completion of the machinery, it is inevitable to transfer it to another person.

On August 14, 2017, the Plaintiff entered into a mechanical manufacturing contract with the Defendant (hereinafter “instant mechanical manufacturing contract”).

B. On August 16, 2017, the Plaintiff paid a down payment of KRW 39 million to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant did not perform his/her duty by using the contract deposit for personal use, which is not superior to the manufacturing of machinery, although he/she was obligated to perform the contract deposit amounting to 39 million won received from the plaintiff prior to the date of the payment of the intermediate payment, or to manufacture the 39 million won raw machines. The plaintiff lawfully rescinded the contract of manufacturing the machinery of this case on the ground that it is not related to the manufacturing of machinery.

Therefore, the defendant is obligated to pay to the plaintiff 39 million won and damages for delay due to restitution following cancellation to the original state.

B. Unlike the ordinary mechanical manufacturing contract, the fact that the down payment of the instant mechanical manufacturing contract is set at 30% of the manufacturing cost is as seen earlier.

However, evidence Nos. 2 and 5 respectively.