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

Purport of claim and appeal

The first instance court.

A. On December 15, 201, the Plaintiff paid 140,000,000 won to the Defendant around December 15, 201, when he/she was born horse riding from the Defendant, and around February 13, 2012, the Plaintiff received from the Defendant a single head of German M&D (D) German M&D.

In addition, since that time, the plaintiff or C manages the horses.

B. C around February 2012, after suffering from an accident that was removed from the horse at the end of the horse, C did not take horse riding for about one year thereafter.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-2, Gap's witness C's testimony, the purport of whole pleadings

2. The assertion and judgment

A. The gist of the plaintiff's assertion 1) The defendant alleged that the plaintiff would import 140,00,000,000 won of German Sejong Sinn Denmark, including the price and import cost of all the marinas, such as laying to rest and digging to rest, and was paid 140,00,000 won by the plaintiff in violation of the agreement, but the plaintiff did not pay 140,000,000 won to the plaintiff. However, the defendant did not pay 40,276,764 won as a whole in violation of the agreement and delivered 40,276,764 won to the plaintiff. Thus, the defendant's claim that the plaintiff sold 140,20,000 won to the plaintiff (140,276,764 won of the actual price of the horse - KRW 7,572,030 of the price of the plaintiff's horse - The defendant's claim that the plaintiff sold 200,000 won to the plaintiff.

B. First of all, we examine whether the Defendant, rather than selling one horse to the Plaintiff, agreed to purchase a horse amounting to KRW 140,000,000 on behalf of the Plaintiff, and as to the existence of the above agreement, the Plaintiff bears the burden of proving the existence of the above agreement, and there is no disposition document that conforms to the above agreement, after the Plaintiff or C received the horses from the Defendant, and the Plaintiff, C, and C.