1. The Defendant’s KRW 30,000,000 and annual interest thereon from May 19, 2018 to May 29, 2019 to the Plaintiff.

1. Facts of recognition;

A. The Plaintiff is a company that engages in the development and sales of video measuring instruments, and the Defendant is a business operator who operates “C”, a company that develops and sells the original separation machine used for wastewater treatment.

B. On March 29, 2018, the Plaintiff: (a) produced and supplied the “the second instance judgment on wastewater 2” (hereinafter “the instant machinery”) from the Defendant; (b) paid 60 million won in consideration of the price; (c) the intermediate payment of KRW 18 million in consideration of the instant machinery supply and operation; and (d) the intermediate payment of KRW 18 million in consideration of the payment of the said machinery after the instant machinery supply and operation; and (c) the remainder of KRW 12 million in the event it is determined that there is no problem after the machinery performance verification; and (d) the Defendant concluded a mechanical sales contract for the supply of the instant machinery at the place designated by the Plaintiff within 25 days from the date of receipt of the down payment.

(hereinafter referred to as the “instant contract”). In the instant contract, both parties are entitled to terminate the contract if they violate the main contents of the contract.

C. On March 30, 2018, the day following the contract under the above contract, the Plaintiff paid the down payment of KRW 30 million (excluding surtax) to the Defendant.

The defendant should supply the instant machinery to the plaintiff by April 24, 2018, which is 25 days or less from the date of receipt of down payment, not later than April 24, 2018.

Accordingly, on April 25, 2018, the Plaintiff sent content-certified mail to the Defendant and notified the Defendant that the machinery be supplied as soon as possible, and the Defendant did not continue to deliver it, the Plaintiff rescinded the instant contract by serving the duplicate of the complaint.

[Evidence: Evidence No. 1, 2, 3, and 4; All purports of oral argument]

2. Determination on the cause of the claim

A. According to the above facts, even if the Defendant received down payment of KRW 30 million according to the instant contract, it did not perform its duty to manufacture and supply machinery until the Plaintiff received a demand notice of performance on April 24, 2018 and thereafter received a delivery of a copy of the instant complaint.