Of the judgment of the first instance, the part against the plaintiff ordering additional payment shall be revoked.

The defendant 15.0

1. Basic facts

A. The Plaintiff is a person engaged in the scrap metal manufacturing business, etc. under the trade name of “C,” and the Defendant is a person engaged in the electronic parts manufacturing business, etc. under the trade name of “D.”

B. On December 23, 2014, the Plaintiff entered into a sales contract for scrap metal (hereinafter “instant contract”) with the Defendant with the following content, and on the same day, remitted the sales contract deposit to the Defendant KRW 30,000,000 (hereinafter “sale contract deposit”).

As of December 23, 2014 as of December 23, 2014, Article 2 (Sales Contract Deposit and Contract Price) (1) applying the fluctuation in the market price at the time of disposal of the scrap metal 50 won by dividing the unit price bl 270 won (unit kg) as of December 23, 2014 (unit kg) (1) The sales contract deposit of the scrap metal subject to sale under Article 1 shall be 30,00,000 won.

(2) The term of a contract is from December 23, 2014 to December 24, 2016 (2 years).

(3) The contract deposit for sale may be renewed when it is deducted within the contract period.

Article 3 (Payment of Price and Delivery of Items) At the same time as this contract is concluded, “B” shall deposit the full amount of the sales contract deposit prescribed in Article 2 to “A” with “A” account in cash.

Article 4 (Responsibility) “A” shall not trade scrap metal or scrap metal to any other person than “B”.

“A”: Defendant “B” (Buyer): Plaintiff

C. The Plaintiff received scrap metal from the Defendant from January 9, 2015 to August 16, 2016.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. According to the instant contract, the Plaintiff was supplied with the scrap metal totaling of 149,340 kilograms from January 9, 2015 to August 16, 2016 under the instant contract, and the Plaintiff did not separately pay 8,931,835 won out of the scrap metal amount to the Defendant upon requesting the Defendant to deduct it from the sales down payment already paid on January 2016.

Since then, the contract of this case was terminated at the expiration of the period, and the defendant is from KRW 30,000,000, which was paid to the plaintiff as advance payment.