1. Defendant C’s KRW 30 million and the Plaintiff’s annual rate from March 9, 2015 to October 13, 2016.

1. Determination as to the cause of claim

A. (i) On March 9, 2015, the Plaintiff entered into an oral contract with Defendant C to be supplied with the half-finished electronic display board, etc., with the Chinese nationality, and transferred KRW 30 million to the national bank account in the name of Defendant C, which was the Defendant C’s wife on March 9, 2015.

However, Defendant C did not supply the goods to the Plaintiff up to May 2015, and the Plaintiff demanded Defendant C to return the goods to the Plaintiff. However, Defendant C responded to the purport that the Plaintiff would deliver the remainder of the goods to the Plaintiff, who is in China.

On July 2015, the Plaintiff filed a request for payment order against the Defendants.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, and the purport of the entire pleadings, the agreement was concluded between the plaintiff and the defendant C on the supply of half-finished goods, etc. of LED electronic sign board. Thus, since the plaintiff paid 30 million won to the defendant C as part of the price, but the above defendant did not deliver the goods, it is reasonable to view that the goods supply contract between the plaintiff and the defendant was rescinded by the defendant's declaration of intention of rescission as the complaint of this case.

Therefore, Defendant C is obligated to return the price of goods to the Plaintiff KRW 30 million.

D. Meanwhile, the Plaintiff paid KRW 1 million in cash to Defendant C as expenses incurred in the manufacture of goods on March 2015 does not conflict between the parties. However, if the Plaintiff paid the said money at the expense as alleged by the Plaintiff, barring any special circumstance, Defendant C does not have a duty to return it.

and there is no evidence to regard that the agreement was made to return.

Furthermore, Defendant C, on September 13, 2014, loaned KRW 1 million to the Plaintiff and received repayment, submitted evidence (Evidence 1) that transferred KRW 1 million to E (the representative director of the Plaintiff) at that time.