1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 29, 2013, the Plaintiff concluded a contract with the Defendant to purchase cream from 1,348,315, to pay 20% of the down payment, in cash, 10% of the total purchase price, and 75% of the remainder of the purchase price, at the time of presentation of shipping documents after loading, and 5% of the total purchase price, to pay it after confirmation of acceptance.

(hereinafter “the first contract of this case”). (b)

Accordingly, on October 30, 2013, the Plaintiff transferred KRW 190,796,000, totaling of KRW 180,000,000 and KRW 190,796,000 on October 15, 2013, out of KRW 390,796,000 equivalent to KRW 20% of the down payment, to the Defendant. On October 1, 2013, the Plaintiff delivered to the Defendant one promissory note with a face value of KRW 200,00,000 on March 31, 2014.

C. The Defendant manufactured caters and attempted to load them to the Plaintiff, but failed to load caters due to the Plaintiff’s cause, and the Defendant confiscated KRW 190,796,000 in cash, which received as down payment from the Plaintiff.

On March 30, 2015, the Plaintiff entered into a contract with the Defendant to purchase DV at KRW 1,380,000 (hereinafter “the second contract”), and the purchase price was to be paid by opening and paying the L/C for the revocation of the purchase price. The down payment of KRW 190,796,000, which was confiscated under the first contract of this case, was to be returned when L/C is open.

[Ground of recognition] Facts without dispute, Gap evidence 2 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff alleged that the plaintiff paid KRW 190,796,00 as the down payment of the second contract of this case, and the above amount was to be returned upon the issuance of the credit, and the contract was cancelled due to the plaintiff's circumstances, and thus the contract was rescinded, the defendant is obligated to return the down payment to the plaintiff.

An estimate of the amount of damages, whether the contract deposit is the first contract deposit or the second contract deposit.