A. On August 14, 2014, Defendant B and C agreed to distribute profits and losses incurred in the course of performing the removal work of the F factory of the Plaintiff F (hereinafter “instant factory”). On September 4, 2014, Defendant D sold all of the pipes of the outer wall of the instant factory and the pipes installed on the rooftop of the building (excluding electric wires, water supply facilities, and fire fighting facilities) to Defendant D for purchase price at KRW 500 million.

(Defendant D was the buyer's name G). (B)

On September 2014, the Plaintiff entered into a sales contract with Defendant D to purchase scrap metal worth KRW 570,000,000, which will be removed from the factory of this case (hereinafter “instant contract”).

C. After entering into the instant contract, the Plaintiff paid KRW 500 million to Defendant D, and removed scrap metal equivalent to KRW 202,00,000 from the instant plant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, witness H's testimony, purport of whole pleading

2. Claim against Defendant D

A. Inasmuch as the Plaintiff’s claim indication took out only the scrap metal equivalent to KRW 202,00,000, which does not reach the scrap metal amounting to KRW 570,000,000, which is the scrap metal amounting to KRW 570,000 as stipulated in the instant contract, Defendant D is liable to compensate the Plaintiff for damages equivalent to KRW 298,00,000 ( KRW 500,0000 - 202,000,000) that was not taken out by the Plaintiff.

(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 1 and Article 257 (1) of the Civil Procedure Act);

3. Claim against Defendant B and C

A. Defendant B and C alleged by the parties cannot remove scrap metal equivalent to KRW 570 million as stipulated in the contract of this case from the beginning to the Plaintiff, notwithstanding the fact that Defendant B and C could not withdraw scrap metal equivalent to the amount of KRW 570 million as stipulated in the contract of this case, Defendant D had Defendant D enter into the contract of this case with the Plaintiff and acquired profits equivalent to the scrap metal that the Plaintiff did not take out. Thus, Defendant B and C jointly and severally with Defendant D to the Plaintiff.