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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. In the first instance trial, the Plaintiff sought a return of unjust enrichment on the premise that the contract for the supply of goods was rescinded between the Plaintiff and the Defendant, which is a return of KRW 5,412,00 and KRW 10,824,00 according to the penalty agreement between the Plaintiff and the Defendant. The court of first instance partly accepted the claim for the payment of the down payment and dismissed the claim for the payment of the down payment pursuant to the penalty agreement.
Since only the defendant appealed, the scope of this Court's trial is limited to the claim for the return of down payment.
2. Facts of recognition;
A. C(D) entered into a contract with Ulsan Port & Port Corporation on September 28, 2016 to supply prompt charging type 200 meters of the delivery deadline to KRW 20,128,570 of the delivery deadline.
B. C entered into a contract between the Plaintiff and the Plaintiff on February 16, 2017 and the price of KRW 18 million (including value-added tax) that received from the Plaintiff for prompt charging type pentle from the Plaintiff.
C. As of January 20, 2017, the Plaintiff and the Defendant entered into a contract on the supply of goods that were supplied by the Defendant with prompt charging type pentle as follows:
(hereinafter referred to as the “instant contract”). The purpose of this contract is to carry out the contract meeting all the matters concerning the introduction and installation of the goods to be introduced by the Plaintiff (the No. 1 of the General Provisions of Article 1). The details of the goods to be sold under Article 2 are as follows: F (F) purchase, quantity: 200m, and non-high: 20m: The details of the goods to be purchased and sold are as follows: the delivery period under Article 4: 18 million won (including value-added tax): the delivery period under Article 6 (1) until February 14, 2017: the goods to be supplied and installed at the place designated by the Plaintiff shall be examined at the place designated by the Plaintiff by the Plaintiff.
2. The defendant.