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. Basic facts

A. The Plaintiff is a company engaged in a business related to the goods procurement business with the government, etc., and the Defendant is a company that produces ESD lighting products.

B. On May 30, 2013, the Plaintiff and the Defendant drafted a business partnership termination note (hereinafter “this case’s MOU”) with the content that the Plaintiff and the Defendant would cooperate in the production and supply of PE-related products to carry out the joint business (hereinafter “this case’s MOU”).

Article 2 of the MOU of this case included the scope of business partnership in relation to the Defendant’s profit sharing guarantee for the Plaintiff’s sales agency, the Plaintiff’s business agency (business, sales) for the Defendant’s products.

C. On June 3, 2013, the Plaintiff and the Defendant entered into a deposit agreement with the effect that “The Defendant shall set up a deposit of KRW 50,000,000 to the Plaintiff in order to secure the present or future fees, etc. in the course of conducting procurement projects (Ministry of National Defense, Ministry of National Defense, road construction, etc.) for the manufacture and supply of products related to the ELD lighting” (hereinafter “the instant deposit agreement”) (hereinafter “the instant deposit agreement”).

Accordingly, the Defendant paid 50,000,000 won to the Plaintiff.

Meanwhile, the Plaintiff introduced Ecointo Coin Coin (hereinafter “Ecoin”) to the Defendant, a private company, and around December 2013, the Defendant supplied ECoin’s products equivalent to KRW 362,50,000 ( KRW 398,750,000 if the value added tax is included) to Ecoin’s products.

(hereinafter referred to as “instant sales contract,” evidence No. 4. E.

On November 4, 2014, the Plaintiff and the Defendant agreed that KRW 25,000,000 of the instant deposit shall be returned in cash until March 13, 2015, and the remaining KRW 25,000,000 shall be repaid in cash or returned in cash by June 30, 2015.

F. After that, the Plaintiff returned KRW 20,000,000 to the Defendant out of the instant deposit, and 30.