1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

Plaintiff’s assertion

Defendant’s primary claim (claim for Damages due to Unlawful Act) is a special purpose corporation recognized by the State, and thus, the Plaintiff is not allowed to engage in the business of collecting and selling disused materials (such as scrap metal, non-ferrous wire, waste, etc.) generated from the Ministry of National Defense or the state-run enterprises (hereinafter “instant business”). Even if the Defendant received KRW 1 billion as a security deposit for the instant business, there is no intention or ability to transfer the instant business rights or to make business profits within 3 months. From June 30, 2008, “E, a company run within the Republic of Korea” (hereinafter “E”) is a special purpose corporation recognized by the State. The Ministry of National Defense is integrated from the present government of the Ministry of National Defense, and the government-managed enterprises’ high-end enterprises’ high-end iron, non-ferrous iron, and waste, etc. shall be KRW 300 billion,0000,0000,000,0000,000 won annually, and the annual profits shall be KRW 400,500,5000,00,0000 won.

Therefore, the Defendant is obligated to pay to the Plaintiff the remaining KRW 925 billion after deducting the Plaintiff’s already paid KRW 75 million from KRW 1 billion, which is the amount of damages suffered by the Plaintiff as above, as well as damages for delay.

A preliminary claim (claim for Damages or Contract Deposit due to Non-performance of Obligations) is filed with the defendant at the beginning of November 2008.