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. Basic facts

A. The Plaintiff is a corporation whose purpose is to engage in the business of recycling synthetic resin, etc., and the Defendant is an individual who wholesales and retails waste plastics, etc. with the trade name “C”.

B. On July 1, 2011, the Plaintiff paid KRW 80,89,500,000 to the Defendant (hereinafter “the instant money”), KRW 30,000,000 on December 12, 201, KRW 15,000 on March 8, 2013, and KRW 80,000 on October 14, 201, KRW 14,89,50 on October 14, 201.

[Ground of recognition] A without dispute, entry of Gap evidence 7, purport of whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff agreed to be supplied with the Defendant with the closed door board from July 1, 201 to May 2015, and paid KRW 80,89,500 as advance payment to the Defendant, but only received KRW 51,041,940 from the Defendant. However, the Defendant is obligated to refund to the Plaintiff KRW 29,857,560 of the closed door board board price that the Plaintiff did not receive from the Plaintiff and its delay damages. (2) The Defendant’s assertion that the Defendant, on July 1, 2011, suspended transaction with all other trading companies and received the instant money in return for the supply of the closed door board to the Plaintiff only, and all of the Defendant paid KRW 30,000,000,000 from the Plaintiff as advance payment, and KRW 50,000,000,000 from the Plaintiff, KRW 15,301,395,981.

Therefore, the plaintiff cannot respond to the request.

B. Of the amount that the Plaintiff paid to the Defendant, the said amount is a KRW 30 million on December 12, 201, KRW 15 million on March 8, 2013, and KRW 5,89,500 on October 14, 2013, on the grounds that there is no dispute between the parties, and thus, the Plaintiff does not dispute between the parties. As such, in full view of the following facts or circumstances acknowledged by the purport of the entire pleadings as to whether the instant amount paid to the Defendant on July 1, 2011, was advance payment or advance payment, the said amount is deemed to have been paid to the Defendant on July 1, 201.