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

C On February 10, 2015, the Republic of Korea concluded a contract on the consignment of mineral extraction with the work of collecting and supplying raw sand from happy samples, a stock company, which is the mining right holder of the area D and E (F; hereinafter “the instant mining right area”) of Chungcheongnam-si, Chungcheongnam-si, and for the entrustment of mining from February 25, 2015 to February 25, 2016.

C requested the Defendant to introduce a partner as a result of the lack of funds necessary for the production of sand collection consignment in the instant mining right area, and the Defendant, after being well aware, introduced G to C as an investor.

C On March 16, 2015, the instant mining right area entrusted as above entered into a partnership agreement with G and New River Industries, etc. with respect to sand gathering business in the instant mining right area, and agreed to jointly pay the costs, including the equipment site for the digging machines.

On April 16, 2015, the Defendant: (a) received a request from C and G for the extraction of sand in the area of the instant mining right and received a request from H to inquire of the Plaintiff; and (b) sought from the Plaintiff on April 16, 2015, on the part of C and G, whether it is possible to lease the excavation equipment necessary for collecting sand in the area of the instant mining right by telephone; (c) the Plaintiff entered monthly rent, etc. in the instant mining right area between the Defendant and the Defendant; and (d) leased the excavation 10M3 square meters in the instant mining area (hereinafter referred to as “instant excavation rupture”).

On April 17, 2015, G, a partner, remitted the sum of KRW 3,300,000 and KRW 1,000,000,00,000, to the account in the Plaintiff’s name known by the Defendant.

Around that time, the Plaintiff immediately had the area of the mining right of this case put a scood to work, and on May 2015, the Plaintiff became unable to take sand any longer due to the occurrence of the issue of authorization and permission for the area of the mining right of this case.

C and G shall suspend sand gathering in the instant mining right area and work for the Plaintiff.