The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. On March 2019, the Plaintiff decided to sell one dump truck (hereinafter “instant truck”) to the Defendant at KRW 20,000,000 for the purchase price.

(hereinafter “instant sales contract”). On March 25, 2019, the Plaintiff delivered the instant truck to the Defendant. On the same day, the Plaintiff received down payment KRW 5,000,000 from the Defendant (hereinafter “instant sales contract”).

B. On March 26, 2019, the Defendant confirmed that the instant truck was delivered by the Plaintiff pursuant to the instant sales contract, along with the Plaintiff, and that the truck was enclosed with the frame of the instant truck, and thereafter returned the instant truck to the Plaintiff on the same day by asserting that there was a defect on the instant truck.

C. On July 2, 2019, the Defendant filed a lawsuit against the Plaintiff seeking the return of down payment upon the rescission of the agreement, and on September 10, 2019, the Changwon District Court Kimhae District Court rendered a decision on performance recommendation that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 12% per annum from the day following the delivery of the complaint of KRW 5,00,000 to the day of full payment (the original District Court Decision 2019Da9584 (hereinafter “instant performance recommendation decision”), and the instant performance recommendation decision became final and conclusive because the Plaintiff did not raise any objection within two weeks after receiving the instant performance recommendation decision.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Plaintiff’s assertion 1) On March 26, 2019, the Plaintiff misleads the Defendant to have defects on the instant truck, and thereby cancels the instant sales contract by agreement with the Defendant (hereinafter “instant rescission”).

However, the cancellation of the instant agreement is revoked on the ground that there is no defect in the instant truck.

This is caused by the Defendant’s rescission of agreement with the Plaintiff.