1. The plaintiff's claim is dismissed.

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

1. Summary of the plaintiff's assertion

A. On August 20, 2008, the Plaintiff entered into a sales contract with the Defendant on a set of KRW 46 million with respect to the freezing for business use, which attached the Defendant’s business license plate, for an amount of KRW 5 million (hereinafter “instant sales contract”). On September 2, 2014, the Plaintiff paid the Defendant the down payment of KRW 2 million on the date of the contract, the intermediate payment of KRW 8 million on September 2, 2014, and the remainder of KRW 36 million, respectively.

B. According to the sales contract of this case, the Defendant transferred the Defendant’s business license plate attached to the Defendant’s business license plate to the Plaintiff. However, despite the fact that the Defendant delivered the Defendant’s 2008 freezing truck, it transferred the Defendant’s 2007 type freezing truck, which attached the Defendant’s business license plate (B) for the Hyundai Comprehensive Transport Co., Ltd. (hereinafter “instant vehicle”).

C. Accordingly, although the Plaintiff demanded the Defendant to deliver a vehicle attached with the Defendant’s business license plate several times, the Defendant did not comply therewith.

The Plaintiff: (a) rescinded the instant sales contract by delivering a copy of the complaint of this case on the grounds that the Defendant’s business license plate was delayed or impossible to perform, and (b) concluded the instant sales contract by deceiving the Plaintiff without the Defendant’s intent to transfer the vehicle attached with the Defendant’s business license plate; and (c) thus, the said sales contract was revoked on the grounds of the Defendant’s deception.

E. Therefore, the Defendant is obligated to return the purchase price and the statutory interest thereon to the Plaintiff.

2. Determination:

A. According to the Defendant’s duty under the instant sales contract, it is deemed that the Defendant has a duty to deliver to the Plaintiff the 2008 type 3.5 tons of freezing of 2008, which attached the Defendant’s business license plate.

First, in full view of each of the statements in Gap evidence Nos. 1 and 3, whether the defendant is obligated to deliver the 2008 freezing to the plaintiff, the plaintiff attached a number plate for business use between the defendant and the defendant on August 20, 2014.