1. The Defendant shall pay to the Plaintiff KRW 5,935,00 and the interest rate of KRW 12% per annum from October 31, 2019 to the day of complete payment.

1. Basic facts

A. The Defendant is a company engaged in manufacturing, developing, and wholesale and retail business of food waste treatment equipment.

On November 19, 2013, the Plaintiff entered into a contract with the Defendant for the establishment of the Sungnam Branch (hereinafter “instant contract”) that the Plaintiff would be supplied with food waste disposal equipment (a model name: C) and receive business support, and sell it in Sungnam City (hereinafter “instant contract”), and paid a deposit of KRW 5 million to the Defendant.

B. On May 2015, the Plaintiff notified the Defendant that the instant contract will be rescinded on the grounds of the Defendant’s breach of contract.

C. On December 2015, the Plaintiff filed an application for a payment order claiming the return of deposit KRW 55 million against the Defendant on the ground that “the Defendant did not produce legitimate products (KC Certification, etc.) under the instant contract, and breached the instant contract, such as failing to produce legitimate products under the Environmental Act at the time of the production of new products.”

On December 27, 2015, the above court issued a payment order stating that “the Defendant shall pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from the day after the original copy of the payment order was served to the day of full payment” (hereinafter “instant payment order”). The above payment order became final and conclusive around that time.

On April 16, 2018, the Defendant repaid the Plaintiff the full amount of the debt due to the instant payment order.

[Reasons for Recognition] Facts without dispute, Gap 1, 3, 4, 19, 28, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. In fact, the prohibition of sale and use of the former waste disposal apparatus [the partial revision and enforcement of the Ministry of Environment Notice No. 2012-203, Oct. 22, 2012] (hereinafter “Public Notice No. 2012-203”) is a sale of the waste disposal apparatus, which discharges food waste, etc. generated from the kitchen, together with wastewater, by crushing them pursuant to Article 1 (Prohibition of Sale and Use) of the Sewerage Act and Article 23 of the Enforcement Decree of the same Act.