2. After an appeal is filed.

A. The Plaintiff is the real representative director of D Co., Ltd. (trade name on November 11, 2015 was changed to “Co., Ltd. E”; hereinafter referred to as “D”) and the Defendant is the former duties of Co., Ltd. (hereinafter referred to as “B”).

B. D, on November 4, 2014, purchased the F factory site of 9,041 square meters and its ground factory buildings and all facilities (hereinafter collectively referred to as “instant factory”) owned by the Defendant on behalf of B, Chungcheongnam-do, Chungcheongnam-do, and concluded a sales contract with a content that permits the repair and use of the instant factory from the following day of the contract, and paid 20 million won the down payment to B.

C. Since the conclusion of the above sales contract, D had a dispute over the repair process of the instant factory between B and B on December 2014, the issue of whether to convert part of the balance of the sales contract into investment money, and whether to set up a mortgage under B in the name of the instant factory. Ultimately, from the end of December 2014, D did not proceed with the instant sales contract any longer.

The Plaintiff transferred totaling KRW 12.5 million to the Defendant over several occasions from July 18, 2014, before the conclusion of the instant sales contract, to December 3, 2014, prior to the conclusion of the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 4-1 to 4, Gap evidence 5-7, and the purport of whole pleadings

2. Plaintiff’s assertion and judgment

A. The Defendant, who actually led the instant sales contract, did not comply with the instant sales contract, even though the Defendant made a verbal agreement to raise some of the remaining balance of the sales at the time of the conclusion of the instant sales contract as a bank loan and to convert the remaining balance of KRW 300,000 into D’s investments.