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1. The Defendant’s KRW 286,160,00 for the Plaintiff and KRW 6% per annum from December 20, 2014 to January 9, 2017.
Reasons
1. Facts of recognition;
A. On December 19, 2014, the Plaintiff purchased at 380,160,00 mambling 1,200 (36 mambling 1) (i.e., 8,800 won per opening x 1,200 x 36 mbling x 1,200 x 36 per one mbling) with the Defendant, who is engaged in the business of distributing cosmetics, and the Defendant concluded a sale contract for cosmetics to supply the Plaintiff with 10 mambling or 200 mambling cosmetics every day after the date of the above contract (hereinafter “instant sale contract”).
B. On December 19, 2014, the date of the contract, the Plaintiff paid KRW 212,00,000 out of the above purchase price, and KRW 90,00,000 on December 20, 2014, respectively.
C. On December 19, 2014, the date of the contract, the Defendant supplied the Plaintiff with 50 mambling cosmetics, but thereafter, did not supply the mambling cosmetics as stipulated in the instant contract.
The Plaintiff’s declaration of intent was sent to the Defendant on January 9, 2017, stating that “The Defendant did not perform its obligation to supply goods according to the instant sales contract, and thus the rescission was cancelled.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence No. 1, facts with merit in this court, the purport of the whole pleadings
2. Determination
A. According to the above facts as to the Plaintiff’s cause of claim, the instant sales contract was lawfully rescinded on January 9, 2017.
Therefore, barring any special circumstance, the Defendant: (a) KRW 302,00,000 (=212,00,000,000) calculated by deducting the amount equivalent to the price for marina cosmetics supplied by the Plaintiff from the Defendant (i.e., KRW 840,00,000) from KRW 15,840,00, which is the amount equivalent to the price for marina cosmetics supplied by the Plaintiff from the Defendant (i.e., KRW 8,800 x 50 x 50 x 36 x 1 36) on the Plaintiff’s restitution following the rescission of the instant sales contract (i.e., KRW 302,00,000 - KRW 15,840,000) as the date the Plaintiff paid the purchase price for the instant sales contract to the Defendant; and (b) a duplicate of the complaint from December 20, 2014, as sought by the Plaintiff.