1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Determination on the cause of the claim

A. 1) The Defendant is a restaurant and store in C’s agency (hereinafter “instant cafeteria”) from February 2, 2013 to February 2013.

(2) While operating the instant cafeteria, the Plaintiff received KRW 33 million from a third party, a third party, as a security deposit for the acquisition of the instant cafeteria and the collection of the said cafeteria, in violation of the consignment operation contract between C and C’s welfare committee, and subsequently, lost the right to operate the instant cafeteria. (2) From March 2016, the Plaintiff was in operation of the instant cafeteria from around March 2016, and around that time, the Defendant was in possession of the goods such as the main cafeteria, kitchen equipment, and fixtures (hereinafter “instant goods”). Accordingly, the Defendant requested that KRW 20 million be changed in the purchase price, and the sales contract was concluded between the Defendant and the sales contract of the instant goods (hereinafter “the sales contract”).

3) On the other hand, most of the instant goods were purchased by C, and they were owned by the Defendant as owned by C, and they were limited to kimchi air conditionings, etc. (No. 1, No. 1, No. 2, and No. 14, a year No. 1, and small amount of kitchen supplies, and their value was a total of two million won. [Grounds for recognition] The facts that there was no dispute, Gap’s evidence No. 1, No. 4, 7, 14, 15, Eul’s evidence No. 1, and No. 2 (including each number; hereinafter the same shall apply).

The testimony of the witness E of the first instance court, the inquiry results on the Welfare Committee of the C institutions of the court of the first instance, the purport of the whole pleadings.

B. The facts acknowledged earlier are as follows: ① The following circumstances revealed by the evidence.