1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Determination on the cause of the claim

A. Following the facts of recognition may be recognized by comprehensively taking account of the respective descriptions of Gap evidence Nos. 1, 2, and 1 and the purport of the entire pleadings, and there is no counter-proof.

1) On December 18, 2008, the Plaintiff is deemed D Co., Ltd. (hereinafter “D”) and D.

(2) From the perspective of the foregoing, the Plaintiff entered into a contract to purchase scrap metal arising in the process of the removal of the previous C8 factory located in the Gu and the Defendant was the representative director of D. 2) The main content of the contract was that D should pay advance payment of KRW 700 million to D, and D should supply all scrap metal generated in the above factory only to the Plaintiff within the advance payment limit, and when D delivers additional quantity, the Plaintiff should pay for the additional quantity.

3) On January 22, 2009, the Plaintiff and D entered into an additional contract with the purport that D shall deliver all of the work and pure scrap metal generated in the above plant to the Plaintiff within the limit of KRW 1,50,000,000,000,000,000,000 paid by the Plaintiff, in addition to the previous advance payment KRW 70,000,000,000. Meanwhile, the Plaintiff and D did not directly deliver the scrap metal generated in the above plant to the Plaintiff after March 26, 2009, and they directly sell the scrap metal generated in the above plant to another company, and paid the price (hereinafter “the sales price of this case”) to the Plaintiff. The supply unit price for the other company is higher than the supply unit price for the Plaintiff, and thus, agreed to provide the Plaintiff with additional margin.

5) From June 23, 2009 to July 13, 2009, the Defendant, the representative director of D, sold the scrap metal of KRW 153,590 g to Nonparty E company and used the scrap metal of KRW 40,909,300 from E company without paying to the Plaintiff. 6) The Defendant, due to the above criminal acts, etc., consumed D’s personnel expenses, etc., as the Defendant spent D’s employees.