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 Plaintiff’s assertion is a person who runs a wholesale business, retail business, etc. in Jeonnam-gun, Chungcheongnam-gun, and the Defendant is a person who engages in a reverse culture in Jeonnam-gun, Goungnam-gun D.

Around January 2014, the Plaintiff entered into a contract with the Defendant to be supplied with the U.S. (hereinafter “instant contract”) of KRW 120 per kilogram, and paid an advance payment of KRW 11 million to the Defendant from January 8, 2014 to February 14, 2014.

However, since the defendant did not deliver the station under the above contract to the plaintiff, it is obligated to return advance payment of KRW 11 million and damages for delay.

2. Determination

A. According to the facts without dispute, Gap evidence No. 1 (including the provisional number) and the purport of the entire pleadings, it is recognized that the plaintiff entered into the instant contract with the defendant around January 2014 that the plaintiff would be supplied to 120 won per annum, and that the plaintiff paid advance payment of KRW 11 million to the defendant from January 8, 2014 to February 14, 2014 under the said contract.

In addition, the plaintiff is a person who received 40 tons in U.S. (40,000 kg) from the defendant.

B. However, as seen earlier, the Plaintiff filed the instant claim on the premise that the Defendant did not deliver the U.S. other than the above 40 tons, and the Defendant asserted that the Defendant supplied all the U.S. dollars equivalent to KRW 11 million in advance. As such, first, we examine the U.S. quantity that the Defendant supplied to the Plaintiff under the instant contract.

Comprehensively taking account of the following circumstances acknowledged according to the facts in dispute, the fact that there is no dispute, and the purport of the entire pleadings, the Defendant did not seem to have supplied the Plaintiff with the U.S. volume exceeding 40 tons. Thus, the U.S. volume that the Defendant supplied to the Plaintiff under the instant contract is recognized as 40 tons (40,000km) of the Plaintiff’s identity.

① The objective is to confirm that the Defendant supplied the fine for a volume exceeding 40 tons as the Plaintiff was supplied.