1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Basic Facts

The plaintiff is a company that operates machinery and equipment equipment business, manufacture and installation of transportation equipment for mobile use, wholesale and retail business, etc. The defendant is a company that runs the non-way, structure dismantling business, heavy machinery and equipment business for ships, and the business of trading facilities and equipment.

On February 29, 2016, the Defendant entered into a sales contract with C on February 29, 2016, with a limited liability company specializing in securitization 1412, with the content that the Defendant would purchase from the said company the factory buildings, machinery, and 700 tons of a gale cre (hereinafter “instant cre”) located on two parcels, including Changwon-si G, Changwon-si, and remove them at KRW 5.8 billion (hereinafter “instant sales contract”). The Defendant delegated C with the disposal of the said factory buildings, machinery, etc. at the time of removal of the said factory buildings, machinery, etc., and in the process, C used the name that is indicated as the Defendant’s ordinary business.

On May 1, 2016, the Plaintiff entered into an partnership agreement with the Defendant (hereinafter “instant partnership agreement”) under which the Plaintiff would grant the Plaintiff the right of preferential negotiation for the dissolution and remodeling of the instant reconcilants (hereinafter “instant partnership agreement”).

Upon C’s request, the Plaintiff transferred KRW 200 million to E’s deposit account on August 22, 2016, and KRW 130 million to E’s deposit account in the Plaintiff’s employee F’s name on August 30, 2016.

[Grounds for recognition] The facts without dispute, Gap evidence 1, Eul evidence 2, Eul evidence 2-1, Eul evidence 3, Eul evidence 4-2, Eul evidence 7, and the plaintiff's assertion of the purport of the whole pleadings as to the purport of the whole pleadings, and the plaintiff's assertion of the purport of Gap evidence 1, Eul evidence 2, Eul evidence 4-2, Eul evidence 7, and the plaintiff's request to lend KRW 200 million to Eul's deposit account designated by Eul on August 22, 2016, transferred KRW 200 million to Eul's deposit account, and again transferred money again from Eul on August 30, 2016 to the defendant on August 30, 2016, and thereafter lent KRW 330 million in total to the defendant.