1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Facts of recognition;

A. On August 11, 2011, the Plaintiff: (a) from the Defendants who engage in the repair business of large line machinery, the Plaintiff would receive Switzerland (SWIT) CNC (hereinafter “instant team”); (b) KRW 20 million,000,000 from the Defendants who engage in the repair business of large line machinery; and (c) paid the Defendants the remainder of KRW 66,000,000,000 from the date when the contract was concluded to the Defendants for the payment of KRW 88,00,000,000 for the same day, the intermediate payment of KRW 66,000,000,000 after the trial run.

(hereinafter “instant contract”). (b)

However, in order to repair the first half of the instant case, the purchase of parts necessary for the first half of the repair should be prior to the purchase. The Defendants attempted to purchase the said parts by receiving down payment from the Plaintiff as there was no funds to purchase the said parts, and the period required for the purchase was about one month.

C. Accordingly, the Plaintiff, who did not have any special fiduciary relationship with the Defendants, should first pay the down payment to the Defendants, and shall not guarantee the Defendants’ performance of the contract. Therefore, the Plaintiff requested the Defendants to obtain a contract performance insurance policy instead of preferentially paying KRW 30 million out of the down payment.

Upon the Plaintiff’s response to the above request, the Plaintiff paid KRW 30 million to the Defendants on August 19, 201, but the Defendants failed to obtain the contract performance insurance policy issued to the Plaintiff.

E. Accordingly, the Plaintiff and the Defendants revised the instant contract with the following purport: “The Plaintiff shall pay the Defendants the amount of KRW 50 million in advance for the purchase of parts, not down payment (including the amount of KRW 30 million paid earlier), but the Defendants shall prepare a loan certificate to the effect that they received the said money in advance, and then the repair payment shall be received from the Plaintiff according to the work performance rate.”

F. After that, the Plaintiff paid KRW 20 million to the Defendants in accordance with the above revised details on August 22, 2011, and “the Defendants” from the Defendants.