1. The judgment of the court of first instance is modified as follows.

C business between the Plaintiff and the KTN Co., Ltd.

1. Basic facts

A. Conclusion of the instant contract and advance payment 1) KNE Co., Ltd. (hereinafter “KNE”) and KNE Co., Ltd. (hereinafter “KNE”) prior to the relocation of its head office on August 1, 2013.

(3) On December 9, 2013, 201, ethyl Co., Ltd. (hereinafter “ethyl”)

(2) On December 18, 2013, the Plaintiff and the Defendant concluded a contract for the supply of transport equipment with the following content in accordance with the Plaintiff’s assertion and evidence No. 3 of the contract amount of KRW 2.739,000,000,000,000 in the contract amount of KRW 19.58 billion in the contract amount. (2) The Plaintiff and the Defendant entered into a contract for the purchase of goods, and the Plaintiff and the Defendant entered into a contract for the purchase of goods, and the Plaintiff and the Defendant, upon receiving the PF loans from the Pacific Co., Ltd., the owner of the C business (the contractor) receive the PF loans from the Pacific Co., Ltd., and should be used in full at the cost of construction, the purchase price of the transport equipment should be included in the cost of construction. As such, the subcontract was concluded and re-subcontracted as if the contract for construction was concluded, but if it is strictly.

(hereinafter “instant contract”) was entered into, and was paid KRW 277,39 million as an advance payment and a contract deposit.

◎ 물품계약 일반조건 제11조(납품) ① 계약상대자는 계약서에 정한 납품기일까지 해당물품(검사에 필요한 서류 등을 포함한다)을 계약담당자 지정한 장소에 납품하여야 한다.

◎ 계약특수조건 제8조(선금지급) 계약자는 계약금액의 30%에 해당하는 금액을 계약 체결 후 계약상대자의 청구에 의거 현금으로 지급한다.

Article 10 (Use of Advance) (1) No advance payment shall be used for any purpose other than that to achieve the purpose of the contract, and it shall be used preferentially for paying wages and securing materials.

Article 12 (Claim for Return) (1) Any of the following subparagraphs shall apply after the advance payment is made: