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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. On September 29, 2016, the Plaintiff asserted that the Plaintiff entered into a contract with the Defendant to purchase the scrap metal, such as the scrap metal of the vessel construction machinery (hereinafter “instant scrap metal”), and paid the Defendant a down payment of KRW 30 million,000,000 to the Defendant, but the Defendant unilaterally cancelled the said contract to sell the said scrap metal at a higher price, and sold the scrap metal subject to the contract to a third party. The Defendant shall pay the down payment, KRW 30,000,000,000, which was paid to the Plaintiff due to the cancellation of the contract, and the delay damages therefrom.
2. Comprehensively taking account of the overall purport of the entries and arguments in Gap's 1 through 6 and Eul's 1 through 4 (including each serial number), the plaintiff entered into a contract with the defendant on September 29, 2016 with 30,000 won for the instant scrap metal, 190 won per 1 km (170 won per 1 km after the lapse of 20 days from September 29, 2016, the unit price of the instant scrap metal shall be 170 won per 20,000 won, and 20,000 won for the instant scrap metal to the defendant on September 29, 2016, and 30,000 won for each of the instant scrap metal contracts to be purchased (hereinafter "the instant contract"), but the plaintiff did not request the defendant to raise the unit price per 20,70,000 won for each of the instant scrap metal contracts to the defendant on September 29, 2016.
In light of the above facts of recognition, the plaintiff and the defendant.