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. The scope of the judgment of this court is limited to the claim for the return of down payment due to the cancellation of a sales contract for the Plaintiff’s C dumpers against the Defendant (hereinafter “the instant dumpers”), the claim for return of beneficial costs incurred for the instant dumpers with respect to the instant dumpers, and the claim for damages (in principle, equivalent to KRW 3,000,000, an estimated amount of compensation for damages equivalent to the amount of the down payment, preliminary damages, and KRW 2,310,000). The court of first instance accepted the claim for return of down payment and dismissed the remainder of the claim. Since only the Defendant appealed, the object of the judgment of this court is limited to the claim for return of the

2. Determination as to the cause of action

A. On June 2, 2016, the Plaintiff entered into a sales contract with the Defendant to pay KRW 13,00,000 to the Defendant for the purchase price, and KRW 3,000,000,000, the remainder on June 7, 2016, and KRW 10,000,000 for the remainder on August 7, 2016 (hereinafter “instant sales contract”). The Plaintiff paid KRW 3,00,000 to the Defendant on June 7, 2016, which the Plaintiff received from the Defendant at the time of the conclusion of the instant sales contract, and paid KRW 3,00,00,00 to the Defendant on June 7, 2016, and the Plaintiff did not comply with the purport of the instant sales contract by deducting the remainder of KRW 2,00,000 from the remainder on August 2, 2016, and the Plaintiff did not comply with each of the instant sales contract.

According to the above facts of recognition, the instant sales contract was rescinded by an implied agreement between the plaintiff and the defendant by returning the instant scraper to the defendant according to the defendant's declaration of intention to rescind the instant sales contract.