1. All of the plaintiff's claims are dismissed.

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

On October 10, 2013, the Plaintiff’s assertion by the Plaintiff entered into a contract with the Defendants to purchase one scrap machine (SG-1500, hereinafter “instant scrap machine”) at KRW 495,00,000 (hereinafter “instant sales contract”) and then granted the Defendants a total of KRW 172,00,000 in cash and two compressed machines owned by the Plaintiff (HP120, H75) as the purchase price for the instant scrap machine.

However, the Defendants subsequently sold the instant scrap machine to B (hereinafter “B”) and concluded a sales contract with the Defendants, Samsung Card Co., Ltd. (hereinafter “Tsung Card”) and the buyers as B on March 20, 2014 to receive the purchase price.

Accordingly, since the obligation of the Defendants to deliver the scrap scraper to the Plaintiff was impossible, the Plaintiff cancelled the instant sales contract by delivery of the complaint of this case.

Therefore, the Defendants are obligated to return to the Plaintiff the KRW 172,00,000 and the KRW 172,000,000 that were paid as the purchase price. Among them, one of the compressed machine (HP120) was damaged by the Defendants’ negligence, and the Defendants should also pay to the Plaintiff the repair cost of KRW 16,776,443.

The defendants' assertion that the defendants delivered the scrap machine of this case to B is in accordance with the plaintiff's instruction, and the conclusion of a sales contract with Samsung Card was also for the convenience of the plaintiff's payment.

Under the instant sales contract, the obligation to deliver scrapers was already fulfilled.

Judgment

Facts of recognition

On October 2, 2013, 2013, November 25, 2013, 2013, and December 19, 2013, the Plaintiff entered into a contract with B to acquire all real estate, such as building and site of B, movable property such as machinery, apparatus, and equipment located within B’s factory and office, as well as B’s license and permission.