1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 4, 2017, the Plaintiff purchased a vessel C (1.77 tons of the FRP material, hereinafter “instant vessel”) owned by the Defendant from the Defendant at KRW 470 million, and agreed to pay the down payment of KRW 20 million on the day, the intermediate payment of KRW 150 million is paid until September 18, 2017, and the remainder of KRW 300 million is paid by October 10, 2017, and the bank loans are paid immediately.

B. On September 25, 2017, the Plaintiff paid as down payment the Defendant KRW 20 million on the day of the said sales contract, KRW 80 million on September 25, 2017, and KRW 150 million on September 26, 2017, respectively.

C. Around September 29, 2017, the Defendant returned KRW 161 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. At the time of the instant purchase and sale contract for the Plaintiff’s assertion, the Defendant cancelled the right to collateral security of KRW 150 million with the maximum debt amount set forth in the instant vessel, and agreed to pay the remainder of KRW 300 million with the bank loans that it transferred the ownership of the instant vessel under the name of the Plaintiff, but the Plaintiff did not transfer the ownership of the instant vessel by cancelling the collateral security

Accordingly, the Defendant rescinded the instant sales contract as the Plaintiff could not receive bank loans.

Inasmuch as the instant sales contract was cancelled due to the Defendant’s fault, the Defendant is obligated to pay to the Plaintiff KRW 20 million for penalty, KRW 170 million for the Defendant’s 170 million, which was paid by the Plaintiff as vessel color expenses, and not returned to the Plaintiff, KRW 9 million for the loss incurred by the Plaintiff as the expenses for the registration of vessel transfer, which was paid by the Plaintiff as the expenses for the registration of vessel transfer.

B. The instant vessel did not take over the secured obligation of the right to collateral security established on the instant vessel alleged by the Defendant, even though the Plaintiff agreed to take over the secured obligation.