1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On July 2017, the Plaintiff engaged in the construction business, trade business, etc. ordered the Defendant, who is a wholesale retailer of building materials, to install building stones to be attached to the wall of new building in relation to the Seocho-gu Seoul Metropolitan Government Urban Residential Housing Construction Corporation (hereinafter “instant construction”). The Defendant imported and supplied building stones from a Chinese E company located in China (hereinafter “China company”).

B. On July 12, 2017, the Plaintiff, directly, transferred 10,445,644 won ($ 9,087.12) to a Chinese company as the stone price, and paid KRW 1,188,520 as the stone import tax on July 25, 2017.

C. Since then, the building stones processed by a Chinese company (hereinafter “the instant building stones”) arrive at the construction site of this case, but construction was not conducted on the ground that the color color of the instant building stones is different from the sampling, and that the processing (rhyth) situation is not advanced.

The Plaintiff returned the instant stone to the Defendant, and the Defendant stored the instant stone in the “G” located in Pakistan.

E. The Defendant returned 1,00,000 won out of the stone price to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 7, Eul evidence 5 and 12, testimony of the first instance court witness H and the purport of whole pleadings

2. Considering the following circumstances known in light of the above facts acknowledged as above, i.e., ① the instant stone arrived at the site of the instant construction, but did not execute construction; ② the Defendant was in custody upon return of the instant stone without any particular objection; ③ the Defendant returned the instant stone to the Plaintiff on the grounds that there was a defect in the color of the instant stone, etc., and thus, it was recognized that the Plaintiff returned the instant stone to the Defendant. Thus, barring any special circumstance, the Defendant was 10,634,164 won (i.e., the amount of 10,445,64 won (the amount of 10,188,520 won (the amount of 10,000,000 won) and the amount of 1,000,000 won already received).