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. Facts of recognition;

A. On May 1, 2014, the Plaintiff deposited KRW 250,000,00 for a business partnership with the Defendant (Provided, That on November 23, 201, between the Plaintiff and the Defendant, the Plaintiff and the Defendant deposited KRW 250,000,000 for an existing deposit deposited at the time of entering into a partnership agreement with the cosmetic auxiliary facilities as of November 23, 201 between the Plaintiff and the Defendant), and from May 1, 2014 to April 30, 2015, the Plaintiff entered into a contract for the business partnership with the Defendant to deposit KRW 250,00,00,00 for cosmetic auxiliary facilities with the content that the above deposit would be refunded from the Defendant at the expiration of the contract.

(hereinafter “instant contract”). (b)

On March 27, 2015, prior to the expiration of the instant contract term, the Plaintiff sent a written notice to the Defendant stating that he/she did not intend to extend the contract and requested the return of deposit by April 30, 2015.

C. The Defendant did not refund the deposit to the Plaintiff by the date of the closing of argument in the trial.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the facts found in the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff deposit KRW 250,000,000 and damages for delay calculated by each of 15% per annum under the Civil Act from May 1, 2015 to July 15, 2015, the delivery date of the original copy of the instant payment order, from the following day to September 30, 2015, and from September 30, 2015, to the day of full payment, 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the day of full payment.

In this regard, the defendant argued that the plaintiff paid the deposit to D and E, who is the former representative director of the defendant, and that D and E are personally useful, the person obligated to pay the deposit of this case is D and E, and the defendant is not obligated to pay the deposit of this case, but the parties to the contract of this case are the plaintiff and the corporation.