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 as a party is a corporation with the objective of manufacturing construction materials, etc., and the Defendant is a corporation with the aim of engaging in manufacturing, selling, etc. construction materials.

B. On March 2005, the Defendant entered into a sales agency contract between the Plaintiff and the Defendant, and paid KRW 200,000,000 to the Plaintiff, but did not facilitate the Plaintiff’s product production and supply, upon cancelling the sales agency contract on May 201, 201, filed a claim with the Plaintiff for payment of KRW 272,00,000 in total of the deposit and delivery agency fee.

C. On May 23, 2011, the Plaintiff entered into a security transfer contract between the Plaintiff and the Defendant: (a) the Defendant and the Defendant, by May 30, 201, paid KRW 200,000,000 as security deposit following the cancellation of the said sales substitute contract; and (b) the Plaintiff entered into a security transfer contract with the Defendant to provide 12 patent rights owned by the Plaintiff as security; and (c) the obligation and obligation between the Plaintiff and the Defendant was settled when concluding a security transfer contract with the purport of providing 12 patent rights as security.

(hereinafter referred to as “instant settlement agreement”). [The grounds for recognition: the fact that no dispute is raised, the entries in Gap evidence 5-1, 2, and Eul evidence 3, and the purport of the whole pleadings]

2. Determination on the claim for the cost of goods and the cost of transportation

A. As to the Plaintiff’s cause of claim, the Plaintiff supplied building materials to the Defendant in full view of the overall purport of the pleadings as to the Plaintiff’s evidence Nos. 1 through 5 (including additional number), and the Plaintiff is obligated to pay to the Plaintiff the amount equivalent to KRW 106,218,178 as of May 31, 201, and the amount equivalent to KRW 3,834,490 as of KRW 3,834,490 as of May 31, 201. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount equivalent to KRW 110,052,668 (= KRW 106,218,178,3,834,490) and damages for delay thereof (hereinafter “claim on the price of the instant goods, etc.”).

B. The Defendant’s argument is one settlement agreement.