1. The Defendant’s KRW 26,039,40 for the Plaintiff and 6% per annum from August 29, 2014 to November 11, 2015, and the following.

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 20 (including paper numbers), Eul evidence No. 1-1, 2, Eul evidence No. 2-1 to 20, together with the overall purport of the pleadings, and each entry of Eul evidence Nos. 21 and Eul evidence No. 3-1 to 3-4 shall not interfere with the following recognition:

The plaintiff is a corporation with the purpose of the scrap metal wholesale business, and the defendant is engaged in the business of collecting scrap metal under the trade name of "B".

B. The Plaintiff paid advance payment to the Defendant on the condition that the scrap metal collected by the Defendant is supplied to the Plaintiff, and the Defendant traded after supplying the scrap metal to the Plaintiff.

C. On September 13, 2010, the Plaintiff paid a total of KRW 58 million to the Defendant by June 19, 2012, including the payment of KRW 2 million as advance payment. D.

On August 30, 2010, the Defendant supplied the Plaintiff with KRW 133,205,60 (= value-added tax of KRW 121,096,000) by December 31, 2012, including the supply of scrap metal equivalent to KRW 183,70,00 (excluding value-added tax of KRW 12,109,60).

E. From August 30, 2010 to December 31, 2012, the Plaintiff paid a total of KRW 98,050,000 (i.e., value-added tax of KRW 96,39,000 on the title of value-added tax of KRW 1,651,00 on the title of the scrap metal price) to the Defendant.

F. The Plaintiff sold the uniforms equivalent to KRW 1,415,00 on June 23, 2012, KRW 1,920,000 on June 30, 2012, KRW 1,920,00 on June 30, 2012, and KRW 1,780,00 on July 4, 2012, and the Defendant paid KRW 1,920,00 on June 30, 201, but the remainder is not paid.

2. The assertion and judgment

A. According to the above facts finding as to the Plaintiff’s claim, the Plaintiff failed to pay KRW 35,155,600 (=13,205,600 - 98,050,000) out of the scrap metal that the Defendant received from the Defendant. If the Plaintiff deducts the above KRW 35,155,600 from the pre-paid advance payment, the Defendant did not receive advance payment.