1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

1. On September 2, 2016, the Plaintiff asserted that the instant steel structure was manufactured by dividing two steel structures ordered by the Defendant and the Cheong Heavy Industries Co., Ltd. (hereinafter “Cheong Heavy Industries”) by one unit (hereinafter “the instant steel structure”).

The plaintiff tried to manufacture the steel structure of this case in the defendant's factory, and paid the electricity fee of KRW 3,623,770 and the deposit of the electricity fee of KRW 3 million in the situation where the defendant's factory was separated due to the unpaid electricity fee.

In addition, while the Plaintiff produced the Plaintiff’s share among the steel structures of this case, the Defendant would wish to complete the manufacture of the steel structure by entrusting the Plaintiff with the manufacture of the steel structure. However, the Plaintiff consented, but was paid the costs incurred by the Defendant in the manufacture of the steel structure.

In addition, while producing the steel structure, the Plaintiff paid for the Defendant the tools, expenses, etc. equivalent to KRW 1,109,000 for the Defendant (hereinafter “the instant tools, expenses, etc.”), and given a direct loan to the Defendant.

As above, the defendant is obligated to pay to the plaintiff the total sum of 22,701,547 won and delay damages for the manufacture of the steel structure of this case.

2. Determination

A. The facts of recognition 1) Cheong Heavy Industries originally left the manufacturing of the instant steel structure to C, etc., but waived the production, and the Plaintiff and the Defendant were in charge of the manufacturing of the instant steel structure. 2) On September 2, 2016, the Plaintiff agreed to separately manufacture the instant steel structure with the Defendant and the Defendant, respectively. On November 28, 2016, Cheong Heavy Industries sent an order for the manufacturing of the instant steel structure to the Plaintiff and the Defendant.

3) The Plaintiff intended to manufacture the steel structure of this case at the Defendant’s factory. The Plaintiff paid 3,623,770 won electric charges and 3 million won electric charges in lieu of the Defendant’s factory due to the unpaid electric charges. 4) The Plaintiff is among the steel structure of this case.