A. On January 7, 2019, the Plaintiff engaged in the PCB manufacturing business, etc. concluded a contract for the manufacture and supply of presses transfer automation equipment (hereinafter “instant machinery”) with the Defendant, who is engaged in the business of designing and manufacturing automation equipment (hereinafter “instant contract”) (hereinafter “instant equipment”) as 56 million won and 42 days from the date of receiving the down payment for the manufacturing period.

B. On January 11, 2019, the Plaintiff paid KRW 4,3120,00,000 to the Defendant, including the intermediate payment of KRW 16.8 million on February 14, 2019 and the intermediate payment of KRW 16.8 million on February 14, 2019.

C. The Defendant did not manufacture the instant machine by February 22, 2019, which was 42 days after the date of the receipt of the down payment, and sent to the Defendant e-mail to the effect that the present situation is known to the Defendant on the same day.

On February 25, 2019, the Defendant suspended the manufacture of the instant machinery to the Plaintiff and ordered to refund part of the paid price.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number for a case with a serial number)

2. Determination

A. The Defendant did not complete the manufacture and supply of the instant machinery by February 22, 2019, the contract term of the instant contract, and on February 25, 2019, expressed to the Plaintiff the intent to suspend the manufacture of the instant machinery and refund part of the paid amount, and expressed to the Plaintiff on February 25, 2019 the intent to perform the obligation to manufacture and supply the instant machinery as seen earlier. The fact that the duplicate of the complaint containing the contents of cancelling the instant contract on the grounds of such intent is clearly indicated in the record that the Defendant served on May 31, 2019.

Therefore, barring special circumstances, the Defendant is obligated to return 4,3120,000 won to the Plaintiff according to the instant contract.

B. The Defendant’s delay in the payment of intermediate payments, and thus, even if the schedule was later than two weeks, the contract was reversed, and thus, the part of the down payment and intermediate payment is not obligated to be returned.