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 reasoning for the court's judgment on this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion ① (F) concluded the instant agreement with the Plaintiff regarding the defects arising from the glass slocks that were traded between the Plaintiff and D, and the Defendant concurrently assumed the Defendant’s debt of KRW 1,2350,000 to the Plaintiff under the instant agreement, and thus, the Defendant is obligated to pay the Plaintiff the said debt.

② The Plaintiff, upon requesting the Defendant to process a glass cell unit in advance, paid KRW 6.93 million in advance on April 28, 2015, and entered the original amount equivalent to KRW 3.6 million in advance to the Defendant.

However, since there was a defect, such as the decline of the glass hole attached to the above glass chain that the Defendant processed, the Plaintiff rescinded the above processing contract on the ground of the Defendant’s nonperformance.

Therefore, the defendant should return the above advance payment to the plaintiff 6.93 million won and the 3.6 million won amount.

B. (1) Determination (1) The fact that: (a) the Plaintiff sent to “B” several times the Plaintiff’s advance payment and the original payment from August 2015 to November 2015; (b) the Defendant’s representative, or the Defendant’s business operator, to the same person; and (c) E (F) concluded the instant agreement with the Plaintiff to perform the obligation to pay for the defective products of glass chain to the Plaintiff; and (c) according to the written evidence Nos. 3-1 to 6, No. 1-2, and No. 1-3, the fact that: (a) the Plaintiff sent to “B” several times the reply to the Plaintiff’s name (hereinafter “Co., Ltd.”); and (b) the fact that some of the Plaintiff mentioned in the instant agreement with respect to the instant agreement while engaging in gambling against the said defect claimed by the Plaintiff.

(b).