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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the business of manufacturing and selling electricity, electronic and telecommunications products, and the Defendant is a company that runs the business of selling tools.
B. On July 26, 2013, the Plaintiff entered into a contract with the Defendant for the purchase of co-rating and painting equipment and related accessory equipment (hereinafter referred to as “instant equipment”) and the main contents thereof are as follows.
Article 2 (Sales Price) The total amount shall be KRW 30,000,000 won per day (including surtax).
The plaintiff pays deposits to the defendant in order to secure the intent of the instant mechanical sales contract.
(hereinafter “instant deposit”) Deposit: The balance of KRW KRW 300,000 (30,000,000): KRW 1,130,000 won deposit (1,130,000) shall be paid in cash within July 31, 2013, and the balance shall be paid in cash within a maximum period of August 23, 2013 at the time when the Plaintiff’s investment attraction is secured.
At this time, the defendant shall receive the total amount of deposit in lump sum and make a full refund to the plaintiff in cash.
C. On July 30, 2013, the Plaintiff paid KRW 80,000,000 to the Defendant, and KRW 220,000,000,000 on July 31, 2013, and KRW 300,00,000.
【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1, 2-1, 2-2, Eul evidence 1 and 2-2, the purport of the whole pleadings
2. The Plaintiff asserted that the Plaintiff paid KRW 300,000,000 to the Defendant by borrowing money from A, as it was expected to return the instant deposit in lieu of down payment, due to insufficient funds at the time of concluding the instant mechanical sales contract.
However, following the Plaintiff’s failure to comply with the Plaintiff’s request for inspection, the Plaintiff inspected the instant machinery after paying the deposit money, and as a result of the inspection, concluded that the instant machinery is not necessary for the Plaintiff’s business.
Accordingly, the Plaintiff.