1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

On October 22, 2014, the Defendant entered into a contract for the transfer and takeover of the primary factory between the Plaintiff and the Defendant, with respect to the factory located in Chungcheongnam-gun F, the Plaintiff acquired the right of lease (rental deposit of KRW 20,000,000, monthly rent of KRW 2,000,00) from the Plaintiff, and the manufacturing facilities installed in the said factory [the manufacturing facilities (one, the second, the first, the first, the first, and the third, the third) and the other facilities] are taken over at KRW 10,00,00,000. The Plaintiff agreed to install one and the second, the second, the first, and the second, the second, to install the current one, including the one, in order to improve the facilities installed in the factory immediately after the acquisition, and to expand the facilities with the capacity of the present facilities twice including the large press.

In addition, materials secured by the plaintiff shall be calculated in 200 won per 1kg and paid to the plaintiff at the time of selling the products, and the date of factory takeover was determined on November 1, 2014.

On October 23, 2014, the Defendant paid the Plaintiff KRW 40,000,00 as down payment.

On November 19, 2014, after the conclusion of the first transfer and acquisition contract, the Plaintiff and the Defendant newly concluded a contract with the following contents by changing the object of transfer and acquisition:

(hereinafter “instant transfer contract”). The Plaintiff transferred the right to lease a factory located in Chungcheongnam-gun, Chungcheongnam-gun, the Plaintiff leased to the Defendant (a security deposit of KRW 35,000,00) and sells all of the equipment within the said factory (a half set of 2 sets, presses, 9 sets, 1 set, 2 set-up, 2 set-off, and 2 set-type gold, etc. (hereinafter “instant machinery”).

The total acquisition amount shall be KRW 250,000,000, and the down payment of KRW 40,000,000 among them shall be substituted by the money paid on October 23, 2014 in the course of concluding the first transfer and acquisition contract between the Plaintiff and the Defendant, and the intermediate payment of KRW 80,000,000 shall be paid until December 14, 2014, and the remainder of KRW 130,00,000 shall be paid until March 31, 2015.

The date of taking over factories and delivering facilities shall be the time of payment of intermediate payments.

The defendant paid only KRW 40,000,000 to the plaintiff as above.