1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On December 20, 2002, the Plaintiff entered into a contract with the Defendant to purchase pine trees on the Hadong-gun C and D ground (hereinafter “instant pine trees”) at KRW 3 million, and paid KRW 3 million to the Defendant the purchase price of the instant pine trees.

B. The Plaintiff asserted that the instant tree sales contract was rescinded by Jinwon District Court, Jinwon District Court Decision 2008Da27888, and applied for a payment order seeking the refund of the purchase price. The above court issued a payment order stating that “the Defendant shall pay to the Plaintiff the amount of KRW 3 million and the amount calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of complete payment (hereinafter “pre-payment order”).

The above preceding payment order was served on the defendant on September 11, 2008, and became final and conclusive on September 26, 2008.

C. On February 23, 2018, the Plaintiff filed an application for a payment order for the extension of the extinctive prescription of a claim based on the preceding payment order. Accordingly, the Defendant’s objection against this was implemented as the instant lawsuit.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion of the parties and their determination

A. 1) The parties’ assertion 1) submit a written consent to the extraction of the instant pine trees purchased by the Plaintiff to obtain permission to extract the instant pine trees, and the Defendant, until the end of December, 2007, agreed to allow the extraction of pine trees by consultation with the land owner, but to cancel the sales contract at the time of non-performance and refund the purchase price. However, since the Defendant failed to implement the above agreement, the instant pine trees sales contract was cancelled, and the Defendant shall return the purchase price to the Plaintiff KRW 3 million.2) The Defendant’s assertion that the Plaintiff is responsible for and obtained permission to extract the instant pine trees, and thus, the instant pine trees were not extracted due to the Plaintiff’s fault, and the Defendant is not liable.