The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On September 24, 2019, the Defendant participated in the bidding of six facilities and equipment machinery, such as slot lines, owned by the Co., Ltd. Co., Ltd. (hereinafter “instant machinery”) and awarded a successful bid in KRW 930 million (excluding surtax).

B. On September 26, 2019, the Plaintiff transferred KRW 93.2 million to the Defendant’s representative director E account notified by D in charge of the Defendant’s business for the re-sale of the instant machinery. On October 14, 2019, E returned the said money to the Plaintiff’s account.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3, Eul 6 evidence, Eul 3 evidence, Eul 4-1, and Eul 4-2, the purport of the whole pleadings

2. The assertion and judgment

A. While the Plaintiff’s agent, G, the Defendant’s agent, discussed the contract that the Plaintiff’s agent F and the Defendant sold the instant machinery to the Plaintiff, G demanded F to prepare for the bid price of KRW 90,000 or KRW 100 million per day before the date of the instant machinery bidding, and the Plaintiff, which confirmed the successful bid price in company with D and D, remitted KRW 93,20,000 to the Defendant’s representative director E account designated by D, which constitutes a down payment for the instant machinery re-sale contract.

Therefore, since the defendant unilaterally cancelled the above contract and returned only the down payment, the contract amount of KRW 93,200,000 should be refunded to the plaintiff.

B. The judgment becomes effective when one of the parties agrees to transfer the property right to the other party and the other party agrees to pay the price thereof (Article 563 of the Civil Act). The sales contract is concluded upon the agreement between the two parties on the transfer of the property right and the payment of the price by the buyer.

Although the subject-matter of sale and purchase are not necessarily required to be specifically specified at the time of entering into a contract, the method and criteria to specify the subject-matter of sale and purchase should be established later (see Supreme Court Decision 2017Da20371, Apr. 9, 202, etc.). This case is subject to this case.