원고는 전사인쇄(轉寫印刷), 즉 프린터로 도안을 전사지에 인쇄한 후 프레스기로 전사지의 도안을 원단에 입히는 방식으로 원단 날염(捺染, textile printing)업을 하는데, 이를 위하여 2013. 3. 27.과 2013. 4. 30.경 피고로부터 모델명 JV-33160A 프린터 4대를 8,000만 원에 구매하고, 2014. 4. 4.경 모델명 JV5-160A 프린터 1대(이하 ‘이 사건 프린터’라 한다)를 3,850만 원에 구매하고 이를 인도받았다.

On May 30, 2014, the Defendant created a notarial deed as stated in the purport of the claim (hereinafter “notarial deed of this case”) with the following content, in order to secure a total of KRW 29 million,00,000,000,000 and KRW 38,000,000,000,000,000 of the purchase and sale balance of the instant printer 4, and KRW 38,000,000,00,000,000,000:

Article 2. The principal shall be repaid at the request of the creditor.

If the debtor under Article 5 delays the repayment of principal, he/she shall pay damages for delay in accordance with the ratio of 18% per annum to the principal delayed to the creditor.

On June 12, 2014, the Defendant notified the Plaintiff of the intention to start the legal measure if the Plaintiff did not comply with the payment by June 19, 2014.

Accordingly, around June 17, 2014 and June 23, 2014, the Plaintiff notified the Defendant of this case to recover and return the goods.

By August 28, 2014, the Plaintiff paid the Defendant a balance of the purchase and sale of JV-33160A Franz 4, and the claims secured by the instant notarial deed were 38 million won and losses for delay.

【In the absence of any dispute over the grounds for recognition, the Plaintiff’s assertion of the purport of Gap’s evidence, Gap’s evidence Nos. 2, 3, 6, 7, and 9, and the Plaintiff’s assertion of the purport of the entire pleadings, and there is any defect in which the purpose of the contract cannot be achieved. Accordingly, around June 23, 2014.