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. Determination on the cause of the claim

A. Fact 1) The Plaintiff runs the manufacturing business, etc. with the trade name “C,” and the Defendant runs a machine wholesale and retail business, etc. with the trade name “D.” 2) on June 1, 2015, the Plaintiff purchased from the Defendant the 2012-type Kabing Center (hereinafter “instant machinery”) from the Defendant, and the Plaintiff purchased the 2012-type Kabing Center from the Defendant in the price of KRW 90 million on the date of the said contract, and paid the down payment of KRW 9 million on the day of the said contract. On July 15, 2015, the Defendant delivered the said machinery, and the Plaintiff paid the remainder, and the Defendant agreed to cancel the execution of the seizure of the said machinery.

(3) The Plaintiff paid the down payment of KRW 9 million to the Defendant on the date of the instant contract (hereinafter “instant contract”). Meanwhile, the Defendant did not deliver the instant machinery to the Plaintiff by July 15, 2015, and did not rescind the attachment execution as to the said machinery.

5) On September 16, 2015, the Plaintiff notified the Defendant of the cancellation of the instant contract if he/she did not deliver the instant machine by September 23, 2015, and the Defendant did not perform the contract until the aforementioned date. On September 23, 2015, the Plaintiff notified the Defendant that the instant contract was terminated on September 30, 2015, urging the Defendant to deliver the said machine again, and notified the Defendant on September 30, 2015, but the Defendant did not eventually deliver the said machine. [In the end, there is no dispute over the grounds for recognition, the entry in Gap evidence No. 1, and

B. According to the above facts of determination, the instant contract was lawfully rescinded by the Plaintiff’s notice of rescission on September 30, 2015 on the ground of the Defendant’s nonperformance, and thus, the Defendant’s restoration to its original state shall be based on the ratio of 5% per annum under the Civil Act from June 1, 2015 to December 7, 2015, the delivery date of a copy of the complaint in this case, from June 1, 2015, which is the delivery date of the down payment to December 7, 2015, and 15% per annum as stipulated under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day