계약금반환등
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. (i) The Plaintiff, upon the instant claim, cancelled the contract against the Defendant on the ground of the breach of the agreement and sought an empty refund of the down payment.
In other words, the plaintiff and the defendant entered into the first contract on May 20, 2014 (the basic experiment and design for building a Pet-Fod building) and enter into such contract in accordance with Article 5 (Experimental Period) of the contract, the same year from May 26, 2014.
7. By the end of October, the Defendant agreed to develop and supply finished products after the completion of the experiment process by carrying out the basic experiment and design for the feed drying facilities, etc., and paid KRW 32 million out of the down payment of the down payment of KRW 40 million. However, the Defendant asserted that, even after the expiration of the contract period, the Plaintiff did not present the result of the contract in accordance with the terms and conditions, and that the Plaintiff notified the Defendant of the termination of the contract on June 11, 2015, on the ground of the violation of Articles 5 and 8 of the contract, the Defendant is liable to return the said KRW 32 million to
(2) The Plaintiff’s assertion that the Defendant was liable to pay a reasonable amount of damages for the contract deposit pursuant to Article 8(5) of the 1st Contract on the ground that the Defendant did not present the outcome of the contract in accordance with the terms and conditions of the contract. Ultimately, the main issue that is the premise of such assertion is whether the Defendant was unable to provide the Plaintiff with the outcome according to the terms and conditions of the 1st Contract. However, there is insufficient evidence to acknowledge that the Defendant violated the agreement solely on the evidence submitted by the Plaintiff and the witness testimony by the witness.
Rather, the following circumstances, which are acknowledged by adding the whole purport of pleadings to the statements in the evidence No. 3 and evidence No. 1 (the same as evidence No. 1) of this case, namely, ① the purpose of this case contract Article 1 (the purpose of this contract) is the purchasing company.