1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 100,000,000 for the Plaintiff and the Plaintiff’s payment thereof from January 8, 2014.

Basic Facts

On February 23, 2012, E Co., Ltd. (i.e., the conclusion and cancellation of the instant sales contract between B and the Defendant ordered the Defendant to remove buildings and dispose of wastes (hereinafter “instant removal construction”) at KRW 585,00,000 of the construction cost.

On February 28, 2012, B and the Construction Industry Development Co., Ltd. (hereinafter “Building Industry”) entered into a contract with the Defendant to purchase scrap metal and other materials (hereinafter “instant scrap”) generated after the removal of the said building (hereinafter “instant sales contract”), and agreed to deposit KRW 100 million in the head of the Defendant corporation’s account until February 29, 2012.

On February 29, 2012, the Construction Industry transferred the rights under the instant sales contract to B, a co-contractor, and renounced his rights, and upon B’s request, the Co., Ltd remitted the down payment of KRW 100 million to the Defendant’s corporate account on the same day.

After May 9, 2012, B entered into an agreement with the Defendant to cancel the instant sales contract where B fails to pay the remainder of KRW 200 million under the instant sales contract to the Defendant by May 11, 2012, and the Defendant entered into an agreement to return the down payment KRW 100 million paid from the proceeds disposed of the instant scrap.

B Until May 11, 2012, the sales contract of this case was terminated by the Defendant, and the Defendant disposed of scrap equivalent to KRW 100 million around 2013, and currently, the removal work of this case was completed and used as a temporary public parking lot.

The Plaintiff filed a lawsuit against B seeking restitution of KRW 83,800,000 and delay damages therefrom (Seoul Central District Court 2012Kadan105602) due to the cancellation of the contract for the sale and purchase of scrap metal (Seoul Central District Court 2012Kadan105602) and received a favorable judgment on September 6, 2012, and the above judgment was rendered on the 22th of the same month.