1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. On May 25, 2006, the Plaintiff engaged in construction business under the trade name of C Construction, which is a judgment on the cause of the claim, agreed to purchase construction machinery equivalent to KRW 75 million from the Defendant (hereinafter “instant sales contract”), and paid KRW 75 million to the Defendant. The Defendant delivered only the construction machinery equivalent to KRW 60 million, such as plants, to the Plaintiff, and did not deliver the remainder of construction machinery equivalent to KRW 15 million. The Plaintiff cancelled the sales contract on the remaining construction machinery not delivered with the Defendant around January 13, 2007 when the construction work at the construction site located in Busan Busan Busan Metropolitan Shipping Daegu, and concluded to receive a refund of KRW 15 million,00,000,000, out of the remainder of the sales price of KRW 15 million,000,000,000 from the Defendant (hereinafter “instant return agreement”), and the Defendant did not reach a dispute between each of the parties’ respective arguments or completed the construction work by not later than 207.

Therefore, the Defendant is obligated to return the purchase price of KRW 14 million to the Plaintiff.

2. Judgment on the defendant's defense

A. First of all, the defendant's defense that the plaintiff settled the above KRW 14 million between the plaintiff and the plaintiff at the time of completion of construction in the construction site of the above Busan Busan Shipping Daegu or paid the plaintiff a total of KRW 12 million of the above purchase price by paying the rent for the equipment that D Construction shall pay to the defendant, but it is not sufficient to acknowledge the above alleged facts by only the written evidence Nos. 1 and 2, and there is no other evidence to support this. Thus, the defendant's defense is without merit.

B. Next, the defendant asserts that the defendant's obligation to return the purchase price has expired by prescription.

The right to recover due to the cancellation of a contract which is a commercial activity shall also be subject to the statute of limitations for commercial claims under Article 64 of the Commercial Act.