1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The Plaintiff is a person who runs the business of mobile phone tamping and sand trading (such as tamping off the surface of a mobile phone case before painting) with the trade name of “F”, and the Defendant is a corporation that manufactures industrial machinery, etc.

B. On August 19, 2015, the Plaintiff entered into a sales contract with the Defendant (Evidence B No. 1; hereinafter “instant sales contract”) with the following terms and conditions, and was handed over from the Defendant the same day, one of the inhaled type hybrid (hereinafter “instant machinery”).

1. Amount of goods: 13 million won (excluding surtax);

2. Goods contents: Machines of this case;

3. By August 19, 2015, the Defendant shall supply the instant machinery to the place designated by the Plaintiff.

(other than Transport and Installation)

4. Payment method: The balance of 13 million won (the full payment after the trial run is completed);

C. On August 22, 2015, the Plaintiff agreed with the Defendant to change the sales price of the instant machinery from KRW 13 million to KRW 11 million (Additional Tax Map).

On September 5, 2015, the Plaintiff paid KRW 3 million, which is a part of the price of the instant machinery, to the Defendant.

E. On September 15, 2015, the Plaintiff told the Defendant that the transaction with the Plaintiff and Thai Electronic Co., Ltd. (hereinafter “Plaintiff”) was discontinued, and that the instant machine is no longer necessary. As such, the Plaintiff would waive KRW 3 million, which was already paid, with the instant machine.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1 The instant machine, the cause of the claim of which, ① has been too worn out, has been sicked in the shape of the instant machine, has been sicked in the shape of a bend, and ② When the instant machine is operated, sprinkling in a sprinking gap between the corrosiond sections of the instant machine and the sprinkling powder does not occur, and ③ the instant machine is operated.