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

A. The Plaintiff: (a) around October 201, when entering the Plaintiff Company B into the Plaintiff Company’s director, the Plaintiff invested in the said money by devolving the Plaintiff with the claim for the return of the advanced payment of KRW 100 million, which the Plaintiff possessed against the Defendant; (b) on October 31, 2011, the Plaintiff purchased the CNC cutting machine from the Daum CNC Co., Ltd.; and (c) on October 31, 201, entered the said claim against the Defendant, 50 million out of the said claim against the Defendant, by a three-party agreement between the Plaintiff, Defendant, and

Since then, the Plaintiff continued to make a scrap metal transaction with the Defendant on August 9, 2012 with a remaining scrap metal remaining after the remainder of KRW 50 million, but paid an additional amount of KRW 50 million to the Defendant upon his/her request. On October 2012, an advance payment of KRW 50 million was reduced again at KRW 50 million, and received a certificate of borrowing from the Defendant on October 2012 with regard to the said advance.

In addition, around June 2012, the Defendant promised to pay the Plaintiff the expenses incurred in releasing the seizure, which was informed that the said CNC cutting machine was seized before the Plaintiff purchased.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 50 million, which is the sum of KRW 10 million paid by the Plaintiff as expenses for cancellation of attachment around December 20, 2012, and delay damages for the said KRW 60 million, which is the sum of KRW 10 million paid by the Plaintiff as expenses for cancellation of attachment.

B. Defendant: (a) the Defendant received an advance payment of KRW 50 million, which is not KRW 100 million from B; (b) the said advance payment was made by set-off between the Plaintiff, the Defendant, and the Co., Ltd. on October 31, 201; and (c) all was extinguished upon the set-off process by three parties; (d) the Plaintiff was not paid an additional amount of KRW 50 million from the Plaintiff on August 9, 2012; and (e) there was no promise to pay the Plaintiff the cancellation cost of the attachment on the CNC cutting machine.

2. Determination

A. We examine the portion of the claim for refund of KRW 50,000,000,000 for scrap iron, and submit both parties.