1. The defendant limited liability company A shall pay to the Plaintiff KRW 196,446,392 and the interest rate thereon from December 30, 2014 to the date of full payment.

Basic Facts

On August 19, 2009, the Plaintiff: (a) the Defendant Limited Company A (hereinafter “Defendant Company”) changed from a limited liability company to the present trade name; and (b) the Defendant Company supplied the Plaintiff with all of the scrap metal generated from D within the Sinsi-dong Commercial Corporation, Sinsi (500 tons of each month); (c) the Plaintiff paid advance payment to the Defendant Company and deducted the amount equivalent to the scrap metal supplied by the Defendant Company to the Plaintiff from the advance payment; and (d) if the scrap metal is not supplied, the Defendant Company concluded a sales contract (hereinafter “instant contract”) with the content that the Defendant Company redeems the advance payment from the advance payment by paying KRW 5 million to the Plaintiff at the end of each month.

Under the instant contract, the Plaintiff paid the Defendant Company a total of KRW 250 million, including KRW 50 million on June 13, 2008 and KRW 200 million on August 20, 2009. However, the Defendant Company did not supply the scrap metal from the date of deposit into the Plaintiff’s account on November 30, 2009, and did not pay KRW 5 million each month.

Accordingly, on December 23, 2010, the Plaintiff returned KRW 196,446,392 remaining after deducting the amount paid and the amount paid from the Defendant Company out of the advance payment amount of KRW 250,000,000, which was already paid to the Defendant Company, or requested the Defendant Company to supply scrap metal equivalent to the said amount. On October 29, 2014, the Plaintiff again requested the Defendant Company to return the advance payment through content-certified mail, but the Defendant Company did not perform any obligation.

【Recognition-based Plaintiff and Defendant Company: According to the fact that there is no dispute between the Plaintiff and Defendant Company: (Article 150 of the Civil Procedure Act) based on the fact that there is no dispute between the Plaintiff and the Defendant Company; (i) the statement of evidence Nos. 1, 2, 5, and 6; and (ii) the testimony of the witness E and the purport of the entire pleadings, it is reasonable to deem that the Defendant Company explicitly expressed its intent not to perform the instant contract; and (ii) the Plaintiff Company.