1. Basic facts

A. The defendant is a wholesaler specializing in the distribution of marina, and the plaintiff is a warehouse business operator who keeps the goods of the client in the warehouse, and delivers the goods to the ordering place.

B. On January 31, 2020, the Plaintiff requested the Defendant to purchase at least 100,000 Mack 1,000, and on February 2, 2020, transferred KRW 110,000,000, calculated on the account of the Defendant on Sundays, to the Defendant’s account.

However, due to the increase in the demand for Gap's work, the defendant could not receive proper Mack storage, which was scheduled by the Mack Manufacturing company, and accordingly supplied only 10,000 Mack to the plaintiff.

C. After the Plaintiff’s request for supply of Mack continued, the Defendant supplied 20,000 Mack to the Plaintiff on February 6, 2020. On the same day, the Plaintiff returned 80,000,000 won (=110,000,000 won remitted from the Plaintiff on February 2, 2020) to the Plaintiff on the same day.

[Reasons for Recognition] Class A 1, 2, 5 through 10, and Category B 1 through 3, 5

2. Determination on the main claim

A. The plaintiff's assertion ① Unlike the initial contract set forth by the defendant as KRW 1,100 per Mack, the defendant supplied 20,000 won per Mack on February 6, 2020 (=1,500 won ? 1,500 won - 1,100 won) ¡¿ 20,000 won for losses suffered by the plaintiff. ② The plaintiff supplied 50,750 won per Mack and supplied by the defendant, which was scheduled to supply 1,375 won for 1,375 won (=275 won for 1,375 won - 1,100 won - 50 won for 1,50 won for each Mack x 1,375 won for each x 500 won for each x 1,500 won for the plaintiff's supply of Mack 1,375 won for each x 1,500 won for each x 50 won for the plaintiff