1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

A. On December 6, 2013, the Plaintiff entered into a goods supply contract between the Defendant and the Defendant to supply “HIS COMINT signal RF change refund” in large amounts of KRW 92,60,000 (excluding value added tax), and received KRW 55,560,000 from the Defendant.

As to the above advance payment, the Plaintiff entered into a guarantee insurance contract (in advance) with C Co., Ltd. with the insured as the Defendant and the insured amount of KRW 61,116,00 (including value added tax), and submitted the said guarantee insurance policy to the Defendant.

The Plaintiff manufactured and supplied the above goods to the Defendant, but the Defendant rescinded the above goods supply contract on the ground that “the required performance and function conditions are not satisfied.”

B. The Plaintiff asserted that “the Defendant’s rescission of the contract is invalid as it is an unfair contractual reversal, and thus there is no obligation to return advance payment.” The Plaintiff filed a lawsuit against the Defendant as Seoul Southern District Court Decision 2015DaGa213319, Seoul Southern District Court Decision 2015.

On the other hand, the defendant filed a lawsuit claiming the payment of the compensation for delay as the court 2015 Ghana 213326.

On May 13, 2016, the plaintiff paid 35,419,500 won and delayed damages to the defendant, and the plaintiff was sentenced to the judgment dismissing the plaintiff's principal claim and the rest of the defendant's counterclaim.

Accordingly, the Plaintiff appealed and sought to dismiss the Defendant’s counterclaim corresponding to the cancellation of the part against the Plaintiff among the entire principal lawsuit and the counterclaim, and the part against the Plaintiff among the counterclaim.

On July 6, 2017, Seoul Southern District Court Decision 2016Na55467 (Main Lawsuit) and the first instance court Decision 55474 (Counterclaim), which changed the part of a lawsuit against the principal lawsuit as follows and dismissed the plaintiff's appeal against the principal lawsuit (hereinafter collectively referred to as "the judgment of this case"), was pronounced.

The above judgment became final and conclusive on July 29, 2017.

A. The Plaintiff entered into with the Defendant on December 6, 2013.