2. The costs of lawsuit shall be borne by the Plaintiff.

A. On December 10, 2014, the Plaintiff entered into a sales contract (hereinafter “the first contract”) with the Defendant and the Jeonbuk-gun District Ginseng Field (hereinafter “the ginseng field of this case”, and the ginseng field of this case is located in D different from what is indicated in the contract) with a set of KRW 15 million per 600,000, and entered into a sales contract (hereinafter “the first contract”). On the same day, the Plaintiff was transferred KRW 15 million from the Defendant to the account. (b) On February 18, 2015, the Plaintiff entered into a sales contract (hereinafter “20,000,0000 won per 15,000,000 won per 15,000,0000 won per 30,0000.

C. However, the Plaintiff extracted and sold the ginseng of the ginseng field of this case to others.

The Defendant filed against the Plaintiff a claim against the Plaintiff for payment order of KRW 36 million, excluding KRW 10 million paid by the Plaintiff from the total sum of KRW 46 million in penalty equivalent to the same amount (= KRW 8 million in the second contract of KRW 15 million in the first contract) and damages for delay.

Accordingly, the Daejeon District Court issued a payment order with the content that "the plaintiff shall pay to the defendant 36 million won and damages for delay calculated at the rate of 15% per annum from the day after the original copy of the payment order was served to the day of full payment." The above payment order was finalized around that time.

【Ground of recognition】In the absence of dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the result of fact-finding on the Dong site of the Geumsan Agricultural Cooperative

2. The summary of the Plaintiff’s assertion did not pay KRW 8 million as the Defendant did not pay the down payment of the second contract deposit, and the Plaintiff thought that the first and second contracts were rescinded, and sold ginseng to another person, so there is no obligation to pay the Plaintiff penalty, etc. to the Defendant.

In addition, since there is no special contract stipulating the down payment of the first contract as penalty, the defendant cannot claim to the plaintiff the amount of KRW 15 million.

Therefore, the above payment order was issued.