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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1, 2, 4, and 6, Eul evidence No. 1, Eul evidence No. 1, and testimony G of the first instance trial witness G.
On April 28, 2012, the Defendant: (a) recommended the purchase of 200 million won sn beam beamline and scrap iron collected in the removal work of the D plant located in E company F (hereinafter “instant plant”); (b) from I operating the H company registered in the Plaintiff’s name; and (c) remitted KRW 20 million down payment to the account in H’s name on April 28, 2012, to the effect that the Defendant consented to the purchase of the E company F (hereinafter “instant plant”).
(20 million won is eventually considered to have been paid to F). (B)
However, the defendant thought that the amount presented by I is high, and confirmed the contract amount that he concluded with F through the J in relation to the same business, and that F would cancel the contract amount of KRW 110 million, and that I would cancel the contract amount of KRW 20 million, while he would return the contract amount of KRW 20 million, and entered into a contract with F to purchase the scrap metal, etc. of the factory of this case by directly negotiating with F.
C. On May 3, 2012, I entered into a contract with the Defendant to purchase the scrap metal, etc. of the instant plant purchased by the Defendant F from F again (hereinafter “instant contract”) and paid KRW 160 million to the Defendant on the same day.
The Defendant appropriated 20 million won, out of KRW 160 million received from I, to the down payment to be returned from I, and paid the remainder KRW 140 million to F on May 4, 2012.
E. The Defendant transferred KRW 10 million to the Plaintiff’s account on May 10, 2012 while engaging in collecting scrap metal, etc. at the instant plant, and transferred to I the scrap metal worth KRW 50 million from May 22, 2012 to May 24, 2012.
2. According to the above facts of recognition, the remaining scrap metal equivalent to KRW 100 million shall be provided.