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

Purport of claim and appeal

The first instance court.

A. 1) The Plaintiff is a company that runs the scrap metal and the wholesale and retail business. 2) The Defendant is engaged in the scrap metal trading business with the trade name of “C”.

3) The Plaintiff paid a certain amount of deposit for the supply of scrap metal to the Defendant, and thereafter, traded scrap metal by deducting an amount equivalent to the amount of the deposit for the supply of scrap metal from the deposit for the supply of scrap metal. (B) The Defendant established the CNC cutting machine (hereinafter “instant machinery equipment”) at the factory of the said company on the condition that the Defendant is supplied with scrap metal from the Masc Co., Ltd. (hereinafter “Masc Co., Ltd.”) on the condition that the scrap metal was supplied from the Masc Co., Ltd. (hereinafter “Masc”);

2) On October 30, 201, the Plaintiff purchased the instant mechanical equipment in KRW 50,000,000, and agreed that the purchase price shall be paid directly to the Defendant, set off against the Plaintiff’s obligation to pay the purchase price for mechanical equipment to the Defendant and obligation to return the deposit for supply of scrap metal to the Defendant. C. After the Plaintiff filed the instant lawsuit, the Ulsan District Court 2014 and 3478 against the Defendant, the Plaintiff rendered a decision to commence individual rehabilitation procedures against the Defendant. On September 19, 2014, the Plaintiff entered the agreement amount of KRW 50,000,000 based on the cause of the instant claim in the list of individual rehabilitation creditors in the “a dispute, or a claim that is anticipated,” among the list of individual rehabilitation creditors. [Recognition grounds] The purport of the entire pleadings is as follows.

2. Determination

A. On October 201, 201, the Plaintiff asserted 1 of the parties concerned: (a) entered B, which was engaged in scrap metal transactions with the Defendant as the Plaintiff’s business director, and (b) received the said money in such a way as to vest B in the Plaintiff the claim for return of the deposit for supply of scrap metal equivalent to KRW 100 million, which it had against the Defendant; and (c) made the instant investment.