1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On September 15, 2017, the Defendant requested the Plaintiff (C) to determine the price “100,000,000 won for the manufacture of “M20-only V, width, and exhaustr assembly equipment” as “10,000,000 won (the payment terms for each payment of KRW 50,000,000 within 10 days after the contract was concluded)”, the scope of supply “within the remainder of 10 days after the completion and decision of passing the supply”, “(based on the length side of 5m) applying assembly up to 40-200 meters in length (based on the 40-200 meters in length), production capacity”, “200 (based on 70m V) per minute”, and “18 January 8, 2018”.

(hereinafter “instant contract”). B.

On September 15, 2017, the Defendant paid the down payment of KRW 50,000 to the Plaintiff. On September 15, 2017, the Plaintiff concluded the performance guarantee insurance contract (securities number: E) with D Co., Ltd. and the purchase price of KRW 10,000,000 as the insured amount, and the advance payment performance guarantee insurance contract (securities number:F) with KRW 50,00,000 as the purchase price.

C. The Plaintiff failed to complete the manufacture of assembly equipment with the above production capacity by January 8, 2018, the due date for payment, and on April 21, 2018: M20 exclusive V, width, and stack assembly equipment (1 Form).

2. Term of contract: from September 15, 2017 to January 3, 2018, waive the said contract as part of April 2, 2018.

B shall comply with the conditions set forth in B.

4. A written waiver of the contract with the Defendant under the Securities Number E No. F. D.

The Plaintiff filed a lawsuit for confirmation of existence of the instant debt in order to prevent the Defendant from exercising the right as the insured under the respective performance guarantee insurance contract.

【Reasons for Recognition】 Evidence Nos. 1 and 4, Evidence Nos. 6-1 and 2-2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion in this case is a joint development agreement that, in substance, the Plaintiff’s design and development, and the Defendant’s respective cost of materials to manufacture the M20-only V, width, and exhaustr assembly equipment. As such, the Plaintiff spent an amount higher than KRW 50,00,000 paid by the Defendant as material cost, the Plaintiff’s claim was made.