2. Grounds for a brief statement: Article 208 (3) 1 of the Civil Procedure Act (a judgment made without holding any pleadings under Article 257 of the Civil Procedure Act).

3. Where both parties bear the duty of restoration upon rescission of a contract with reasons for partial dismissal, both obligations are simultaneously performed, and even if they do not exercise the right of defense, the existence of the right of defense itself has the effect of preventing the occurrence of the liability for delay of the obligation (the theory of the effect of existence). The Plaintiff returned the machinery of this case to the Defendant or provided performance to return it to the Defendant.

Unless there is evidence to view, the Plaintiff is not entitled to seek payment of damages for delay exceeding the amount of interest calculated at a rate of 5% per annum pursuant to Article 548(2) of the Civil Act (see Supreme Court Decision 2000Da9123, Jun. 9, 200, etc.).