1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company that planned the manufacture and sale business of chemical strengthened glass, and the Defendant is a company that imports and sells chloudium (KN3) as a Korean agency of Japan Dr.

B. On May 2017, the Plaintiff Company (the former representative director is referred to as “E”) requested the Defendant Company to import nitrogen (KN3) 60,000 kilograms (hereinafter “instant goods”) used for the manufacture of chemical strengthening glass (hereinafter “the instant import contract”), and paid KRW 39 million as the price therefor on May 2, 2017.

C. The Defendant Company imported the instant goods from Japan around June 2017 in accordance with the instant import contract and kept them in F until then.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 3, 5, 6, Eul 1 through 5, the purport of the whole pleadings

2. The Plaintiff Company’s assertion (1) imported the instant goods and then disposed of them to Nonparty G, etc., the former representative director E of the Plaintiff Company, instead of delivering them to the Plaintiff Company, and (2) the Plaintiff Company demanded the Defendant Company to import high-valueH products to the Defendant Company, but the Defendant Company did not arbitrarily perform its obligations under the contract, such as importing Japan’s products at a low price.

③ In response to the above breach of contract by the Plaintiff Company, the Defendant Company recognized it and promised to return the price of KRW 39 million to the Plaintiff Company by disposing of the instant goods.

Plaintiff

Since the Defendant Company rescinded the import contract of this case on the ground of the foregoing nonperformance by the Defendant Company, the Defendant Company is obligated to pay the Plaintiff Company the above KRW 39 million and its delay damages paid by the Plaintiff Company as its restitution to its original state.

Even if not, the defendant company returned the above 39 million won to the plaintiff company.