A. On February 12, 2020, the Plaintiff and the Defendant entered into a contract with the Defendant to receive KRW 2,050,000 from the KF94 KF9 to February 29, 2020. The Plaintiff paid down payment of KRW 14,350,00 to the Defendant on February 17, 2020, and the Defendant paid only KRW 11,000,000 to the Defendant on February 22, 2020. The fact that the Defendant returned KRW 90,000,000,000 from the down payment received from the Plaintiff on March 202, 20 is not disputed between the parties or can be recognized by comprehensively taking into account the overall purport of the pleadings as a whole.

B. The Plaintiff asserts to the effect that the contract with the Defendant is rescinded due to the delay of performance, and sought a payment of KRW 30,950,000 which was not returned out of the down payment paid by the Plaintiff.

According to the facts acknowledged above, the defendant is obligated to pay to the plaintiff 30,950,00 won [143.5 million won - 90 million won - 2,2550,000 won (2,050 won x 11,00 won)] and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 12, 2020 to the date of complete payment.

C. The defendant asserts that the conclusion of the contract with the plaintiff is personal progress of D, which is the former director of the defendant, and thus cannot be held liable. However, since the plaintiff and the main body of Eske supply contract are recognized as the defendant, the defendant's argument is without merit.

2. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.