1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. Around September 2014, the Plaintiff engaged in the development and manufacturing of medical instruments with the trade name of “C” entered into a contract to supply high-frequency partnerships to the Defendant, who is engaged in rubber launch and processing business, with the trade name of “D”. Around that time, the Plaintiff entered into a contract to receive high-frequency partnerships rink (hereinafter “instant product”).

B. The Defendant failed to deliver the instant product by the fixed payment period, and on February 10, 2015, the Defendant prepared and ordered the Plaintiff to the effect that it did not deliver the instant product (hereinafter “instant undertaking”).

[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1, 3, 4, 8, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is compensation for nonperformance of obligation against the plaintiff or performance of the agreement under the letter of undertaking of this case. ① Business losses of 40,450,000 won due to the termination of the contract with the Japanese Special Materials Co., Ltd. ② Compensation for delay damages of 11,605,00 won due to the termination of the contract with the Japanese Special Materials Co., Ltd. ② Compensation for delay damages of 760,000 won, ③ Compensation for color expenses of 760,000 won, ④ The defendant is obligated to pay the sum of 10,280,000 won with the advance payment agreed by the defendant for refund.

B. (1) The determination is based on the determination of the claim for damages due to nonperformance, and the fact that the Defendant failed to deliver the instant product to the Plaintiff within the payment period does not conflict between the parties, but comprehensively taking account of the following facts acknowledged by taking account of the overall purport of the arguments in the witness E and F’s testimony, it is difficult to view it as a cause attributable to the Defendant. The Plaintiff’s claim for

① The Defendant was entrusted by the Plaintiff with the sale and delivery of the instant product.

② In order to withdraw a product, gold punishment should first be completed, and gold punishment should be imposed for the withdrawal of finished products until the payment period of the product of this case.