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.

Basic Facts

The Plaintiff (former Co., Ltd. E) continuously sold scrap metal equivalent to KRW 11,836,337,40 (including value-added tax) to the Defendant, who conducts the business of processing and treating scrap metal from October 30, 2004 to February 28, 201.

The Defendant has paid the price for the said scrap metal to the Plaintiff from October 30, 2004 to February 28, 2011.

[Based on recognition, the result of the fact-finding conducted by the director of the tax office at the trial of the first instance, and the fact-finding conducted by the director of the tax office at the trial of the first instance, the purport of the entire pleadings is to exclude the amount of KRW 11,638,461,740 from the amount of KRW 11,637,836,337,40 (=11,837,400), which was paid by the defendant among the amount of KRW 11,638,46,37,40, - 11,638,461,740).

Therefore, the defendant is liable to pay to the plaintiff the above KRW 197,875,660 and damages for delay.

Judgment

In full view of the evidence Nos. 7, 8, 12, Eul evidence Nos. 2 through 9, Eul evidence Nos. 14, 19, Eul evidence Nos. 14, and Eul evidence Nos. 14, and 19 (including each number, if any), the testimony by the witness B of the court of first instance, and witness C of the court of first instance on or around April 2012, the defendant filed a complaint against the Plaintiff’s representative director F by fraud, etc. The defendant stated that the advance payment that the Defendant paid to the Plaintiff as of January 31, 2010 was stated as KRW 132,038,450, and the fact that the advance payment that the Defendant paid to the Plaintiff as of February 28, 2011 was stated as KRW 150,812,620, and KRW 208,000,000,000 won as of January 31, 2010; rather, it stated to the purport that the remainder was deposited by Defendant No. 2014,57.25.