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.

1. The plaintiff's assertion

A. The Plaintiff delegated C with the authority for the purchase of D key machines owned by the Defendant (a standard of 80 tons, type KH300-3, hereinafter “instant key machines”).

Accordingly, on December 1, 201, C entered into a sales contract with the Defendant for the term of this case on behalf of the Plaintiff (hereinafter “instant sales contract”) of “the purchase price of KRW 358 million (the contract amount of KRW 36 million, the balance of KRW 322 million, the value-added tax separate)” (hereinafter “instant sales contract”).

B. However, at the time, the Plaintiff was involved in a traffic accident and the Defendant conspired with C to gain illegal profits as follows through the instant sales contract.

Therefore, as joint tortfeasor, the defendant is jointly and severally liable with C to pay to the plaintiff the sum of KRW 29.5 million (= KRW 1.5 million (= KRW 12 million) and damages for delay as follows.

① The Plaintiff paid 36 million won in full to C as down payment of the instant sales contract. C in collusion with the Defendant and paid 30 million won as down payment to the Defendant, thereby illegally acquiring the remainder KRW 6 million.

② The Plaintiff paid KRW 323.5 million to C as the remainder of the instant sales contract. The Plaintiff conspired with the Defendant, and C determined the remainder of the instant sales contract as KRW 3222 million, and subsequently illegally acquired the remainder of KRW 1.5 million by paying the remainder to the Defendant only.

③ On December 28, 2011, the Defendant separately remitted KRW 12 million to C, which appears to have delivered profits accrued by the Defendant in collusion with C at an unreasonable level higher than the market price. As such, the Defendant is liable to compensate the Plaintiff for damages equivalent to the market price of KRW 12 million.

④ Furthermore, the term of this case was not only a emuli in the sea but also a emuli in the machine itself, which could not be immediately used.