1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is a company that actually runs the non-ferrous metal processing business operated by D, and the Defendant is a company that runs the scrap metal business and the non-ferrous metal treatment business.

From around 2013, the Defendant owned the pulmonary electric wires spouting machinery (hereinafter “instant machinery”) within the factory located in the racing-si H (hereinafter “instant factory”), but was unable to operate the machinery due to the completion of the screening machine.

B. On June 2014, the Plaintiff: (a) requested F to manufacture the screening machine of the instant machinery to F, which was manufactured on or around June 23, 2014; (b) the F manufactured a screening machine and run a trial operation; and (c) thereafter, F additionally manufactured equipment connecting parts, etc. around July 28, 2014 upon the Defendant’s request to supplement.

C. On August 1, 2014 and August 18, 2014, the Plaintiff issued to the Defendant a tax invoice consisting of KRW 32,777,850 in total of the supply value and tax amount with respect to the production of sorting machines of the instant machinery.

The Plaintiff remitted KRW 35,767,60 on July 14, 2014 to the Defendant, and KRW 103,950,00 on September 2, 2014, and KRW 100,742,40 on September 2, 2014, respectively. The Defendant remitted KRW 15,434,050 on August 13, 2014, and KRW 191,625,00 on September 3, 2014 to the Plaintiff respectively.

E. The Plaintiff paid KRW 5,919,190 to the Defendant’s name from November 5, 2014 to February 2, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence No. 2, the testimony of the witness I of the trial court, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant paid by the Plaintiff upon the Plaintiff at the Defendant’s request, that is, the cost of manufacturing and attaching sorting machines to the instant machinery (hereinafter “the instant machinery repair cost”) or the cost to be paid by the Plaintiff as a mandatary pursuant to Article 687 of the Civil Act (i.e., KRW 32,77,850; KRW 33,40,950 (i.e., KRW 35,767,600; KRW 204,692,400; KRW 207,059,050); and the electric charges paid by the Plaintiff 5,919.