1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is a person who registered his business with the trade name of “C” in the name of the wife B and engages in the wholesale and retail business, and the Defendant is a corporation that engages in the non-ferrous and scrap metal recycling business.

B. The Defendant secured electric field parts and caps, electric board, etc. (hereinafter “instant used parts”) arising from the process of relocating or removing a third-party factory of LGG electronic plant.

C. The Plaintiff wired the Defendant’s account from B to the Defendant’s account on February 2, 2015, KRW 150,000,000, and KRW 50,000,000 on February 3, 2015, and KRW 200,000,000 in total.

On March 31, 2015, the Defendant issued a tax invoice stating that “A supplier: Defendant: (a) 5,243km; (b) the unit price of KRW 10,69,50,05, total of KRW 10,69,50,000 (Evidence 1; hereinafter referred to as “first tax invoice”); Defendant: (b) 2, a tax invoice stating that “A (B) supplier: 96,460km unit price of KRW 1,60,000, total of KRW 169,769,60,000, total of KRW 169,60,00,000; hereinafter referred to as “second tax invoice”).

E) A. Meanwhile, from February 11, 2015, the Plaintiff issued and received only KRW 110,000 among the instant used parts from around February 11, 2015, the Plaintiff demanded the Defendant to return the difference of KRW 90,00,000 in advance. [Grounds for recognition] The Plaintiff did not dispute with the fact that there is no dispute, and the evidence A1 through 7 (the number of pages is included; hereinafter the same shall apply).

(2) Each entry of evidence Nos. 1 and 2, testimony of witness D of the first instance trial, the purport of the whole pleadings

2. The parties' assertion

A. On January 2015, the Plaintiff’s assertion 1) heard that the Defendant secured the used parts of the instant used parts from the Defendant and decided to purchase the used parts of the instant used parts from the Defendant. 2) The Plaintiff demanded advance payment and paid 200,000,000 won to the Defendant as advance payment. Of the used parts of the instant used parts, the Plaintiff decided to purchase KRW 1,100,000 among the used parts of the instant used parts by setting the amount of KRW 1,10,00 per km and KRW 1,60 per km.

3 The defendant shall make four times from February 4, 2015 to February 11, 2015 to the plaintiff.