A. The Plaintiff is an imported food distributor, and the Defendant is an imported food wholesale retailer which imports fruit manufactured in U.S. C from U.S. distributors D and supplies them to Korea.

On March 2017, the Plaintiff entered into a supply contract with the Defendant (hereinafter “E”) and paid 90,000,000 won to the Defendant on May 26, 2017.

B. The Defendant received the supply of goods from U.S. distributors and filed an import declaration with the Korea Food and Drug Administration. On July 11, 2017, on the ground that food additives exceed the standards for use.

The Defendant proposed the supply of substitute goods (F) to the Plaintiff, and the Plaintiff consented thereto, and paid 22,474,000 won to the Defendant on August 4, 2017.

C. On June 12, 2018, the Plaintiff was unable to be supplied with goods from the Defendant, and even if the Plaintiff failed to be supplied with goods for more than one year, it did not hear clear answers as to whether the goods were supplied from the Defendant or whether the goods were refunded. As such, the Plaintiff sent a content-certified mail stating that the full amount of the price of the goods would be for refund.

【Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers, if any); hereinafter the same shall apply)

2) Each entry and the purport of the whole pleading

2. According to the facts of the determination as to the cause of the claim, the Defendant failed to perform its duty to supply goods under the instant contract, and the Plaintiff notified the rescission of the contract as of June 12, 2018 on this ground. As such, the instant contract was sent by the Defendant to the Plaintiff on June 15, 2018 upon receipt of the above notification by the Defendant on June 15, 2018, and thus, the Defendant sent the notification of the rescission of the contract to the Plaintiff on June 15, 2018 (Evidence No. 3) may be deemed to have received the notification of the rescission of the contract prior

It is reasonable to view that the legally released was rescinded.

Therefore, under Article 548(1) and (2) of the Civil Act, the Defendant shall, barring special circumstances, refer to KRW 112,474,00 for the amount of goods already paid to the Plaintiff.