A. On October 31, 201, the Plaintiff entered into a contract with C, the representative director of the Defendant, under which the Plaintiff purchased two trucks owned by the Defendant for the maintenance and transport of the Defendant in KRW 300 million, and the Plaintiff was obliged to receive transport expenses from the Defendant by transporting the Defendant’s maintenance (hereinafter “instant contract”), and the important contents are as follows.

The remainder KRW 30 million shall be paid on October 31, 201, the intermediate payment of KRW 100 million on November 4, 201, and the remainder KRW 100 million on November 11, 201, respectively, and the remainder KRW 70 million shall be deducted from the freight amount in consultation with the Plaintiff.

When the plaintiff voluntarily waives his/her freight without the defendant's consent, he/she shall compensate the defendant twice the sales amount.

B. From October 31, 201 to December 28, 201 of the same year, the Plaintiff paid to the Defendant KRW 220 million in total on four occasions as the purchase price under the instant contract.

C. However, the Plaintiff requested the Defendant to cancel the instant contract with a person who did not have the anticipated freight profits. Ultimately, on April 30, 2012, the Plaintiff decided to cancel the agreement with the Defendant.

(hereinafter “Cancellation of Agreement”) D.

The Defendant returned KRW 125 million out of the purchase price to the Plaintiff upon the rescission of the instant agreement to its original state.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings.

2. The parties' assertion

A. The Defendant did not refund KRW 95 million out of the purchase price, even though it decided to return all the purchase price at the time of cancellation of the instant agreement by the Plaintiff’s assertion.

B. The Defendant, at the time of the cancellation of the instant agreement, agreed to deduct KRW 100 million as penalty, but agreed to additionally return KRW 5 million at the Plaintiff’s request. As such, the remaining purchase price of KRW 95 million cannot be refunded.

3. The fact that the instant contract was rescinded by agreement between the Plaintiff and the Defendant, and the Defendant.