A. The Plaintiff is a person who engages in the wholesale and retail business with wife B with the trade name of “C,” and the Defendant is a corporation that engages in the non-ferrous and scrap metal recycling business.

B. On February 2, 2015, the Plaintiff paid the Defendant KRW 200,000,000 in the name of B, and KRW 50,000,000 on February 3, 2015, and KRW 200,00,000 in total.

C. On March 31, 2015, the Defendant issued a tax invoice stating that the Defendant supplied C(B) with KRW 96,460 g of a unit price of KRW 1,850 (1,850) and a tax invoice stating that the Defendant supplied C(B) with KRW 1,60 g of a unit price of KRW 1,60.

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

2. The parties' assertion

A. On January 2015, 2015, the Plaintiff asserted that the Defendant secured the front parts and the mothers of LG electronic 3 plant, and the electric board, and decided to purchase the said goods from the Defendant.

After paying 20,000,000 won to the Defendant as advance payment, the Plaintiff visited the 3G electronic plant with D and agreed to purchase KRW 1,100 per km parts and caps, and the 1,600 won per km.

From February 4, 2015 to February 11, 2015, the Defendant delivered to the Plaintiff goods equivalent to KRW 110,808,000, totaling to the Plaintiff (i.e., mother and parts 78,800 x 15,080 g x 15,600 g x 1,600).

Therefore, the Defendant is obligated to return to the Plaintiff the remainder of KRW 89,192,00 after deducting the above KRW 110,808,000 from the advance payment of KRW 200,00.

B. The Defendant alleged that the Defendant traded with D and parts, and sold the unit price at KRW 1,600 per km on the condition that D have removed and removed parts directly.

After that, the Plaintiff demanded refund of the difference between advance payment and issuance of tax invoices for the existing transaction without sea. The Defendant, if the Plaintiff, other than D, purchases the Plaintiff, shall receive KRW 2,500 per kg and receive KRW 52,843,100 in such case. However, the Plaintiff was required to receive KRW 52,843,100.