1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. The defendant is a company established for the purpose of dismantling non-inter structure. The contents of the contract are Article 1.

(b) Date and time of construction: from March 2011.

All scrap metal and scrap metal coming from the site of removal of Gap (Defendant).

The time of sales and completion of scrap metal sales by Gap (Defendant) shall begin and end from the date of internal removal to the end.

§ 3. Settlement of payments

(a) the settlement of accounts is made according to the detailed weight after the difference of the relevant scrap metal;

B. The method of calculating the transaction amount is to deposit advance payment 0 million won into the account of the Defendant (Defendant) and if the adjusted amount of scrap metal between the Plaintiff and the Plaintiff’s delivery exceeds the advance payment, the excess amount shall be deposited into the following day.

B. On March 201, the Plaintiff and the Defendant concluded a sales contract for scrap metal (hereinafter “instant scrap metal sales contract”) that the Defendant would sell to the Plaintiff the scrap metal coming from the interior removal site of Yangsan City (hereinafter “instant construction site”).

The main contents are as follows:

C. On March 15, 2011, the Plaintiff remitted total of KRW 50,000 to the Defendant, and the Defendant remitted total of KRW 12,522,700 to the Plaintiff from March 22, 2011 to April 1, 2011.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion

A. On March 15, 201, the Plaintiff lent KRW 50,000 to the Defendant by remitting KRW 50,000,000 to the Defendant. Among them, the Plaintiff was reimbursed KRW 12,522,700 from the Defendant. As such, the Defendant ought to pay the Plaintiff the unpaid amount of KRW 37,477,400.

B. The above A.

Even if the lease mentioned in paragraph (1) is deemed to be a loan to the Plaintiff and the Defendant’s representative director, the Defendant concurrently acquired the loan obligations against the Plaintiff. Therefore, the Defendant is obliged to pay KRW 37,477,400 to the Plaintiff.

C. The Plaintiff’s transfer of KRW 50,000,000 to the Defendant even.