The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On April 30, 2015, the Plaintiff transferred KRW 46,365,00,000 to the Defendant’s corporate bank account respectively, and KRW 6,710,00 on May 8, 2015, and KRW 6,710,00 on July 24, 2015.

B. Around June 30, 2015, the Defendant issued a tax invoice of KRW 78,375,000 (including value-added tax) for the product R-60 (“R-60” (i.e., the product ingredients of substances basically used in paint, excessive, cosmetics, etc.) and the total amount of KRW 78,375,00 (including value-added tax).

C. However, the Defendant paid KRW 30,910,000 on April 30, 2015, and KRW 46,365,000 on May 8, 2015, respectively, to D, who runs a wholesale and retail business with the trade name “C” that received the above money from the Plaintiff.

D) On April 10, 2015, a person who is supplied with the Defendant on April 10, 2015, issued a tax invoice of KRW 77,275,00 (including value-added tax) for the aggregate of 25 tons of the said R-60 tons.

On the other hand, on March 11, 2015, the above D purchased the said R-60 tons verbally from the Plaintiff according to F's proposal, which was an employee of E Co., Ltd.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 7, Eul's 1 through 5, and the purport of the whole pleadings

2. Determination:

A. First, the Plaintiff, upon the introduction of F, concluded each purchase and sale contract with the Defendant, set at KRW 25,300,000 for the amount of KRW 10,000 on April 30, 2015 between the Defendant and the Defendant, as well as the amount of KRW 46,403,50 for the amount of KRW 14,300 on May 8, 2015. Under the premise that the Defendant did not yet deliver the said goods to the Plaintiff, the Plaintiff rescinded each of the above sales contract, and the Defendant is obligated to pay the Plaintiff a total of KRW 78,375,000 for the amount of KRW 78,375,00 and damages for delay.

The Plaintiff, on April 30, 2015, remitted KRW 25,300,00 to the Defendant’s corporate bank account, KRW 46,365,00 on May 8, 2015, KRW 6,710,00 on July 24, 2015, respectively, and the Defendant’s future around June 30, 2015.