1. Revocation of a judgment of the first instance;

The plaintiff's claim is dismissed.

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

1. On August 6, 2014, the Plaintiff asserted that: (a) purchased KRW 4.95 million from the Defendant who runs a wholesale and retail business with the trade name of “C” (hereinafter “instant mother”); and (b) paid the above purchase price to the Defendant on the same day; (c) it was confirmed that the said mother was not usable due to bad quality; and (d) returned to the Defendant on August 18, 2014, the Defendant is obligated to pay the Plaintiff the total of KRW 5.2 million for delivery expenses required for the return of the term payment and KRW 4.955 million to the Plaintiff.

2. First of all, as to whether the Plaintiff purchased the mother of this case from the Defendant, it is recognized that the Plaintiff, while purchasing the mother of this case, remitted the price to the Defendant. However, it is insufficient to recognize that the Plaintiff purchased the mother of this case from the Defendant in light of the following circumstances:

Rather, according to the statements in the evidence Nos. 2-1 and 1-2 and the testimony of the witness witness D of the party, the Plaintiff: (a) found D’s place of business that sells scrap metal in the name of “E” through the Defendant’s introduction on August 6, 2014; (b) confirmed D’s place of business; (c) the Plaintiff offered D’s telephone call to purchase the instant mother; and (d) transported the said mother to E; and (c) separately from the instant mother, the Plaintiff purchased the accelerator at KRW 80,000,000 from the Defendant; and (d) on August 6, 2014, the Plaintiff transferred the instant mother’s price to the Defendant at KRW 4.95,000,000 for the instant mother’s price to the Defendant; and (e) the Plaintiff purchased the instant mother’s price to the Plaintiff on the day on which the Plaintiff immediately received KRW 495,000 for the said mother’s price.