The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On April 25, 2016, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) to receive aggregate (hereinafter “instant aggregate supply contract”). In such case, the Plaintiff agreed to pay KRW 200 million to Defendant B as the contract deposit. From April 27, 2016, the Plaintiff agreed to pay KRW 200 million to Defendant B as the contract deposit.

9. up to August 9, 200 million won was paid.

B. On October 25, 2016, the Plaintiff established “E” (hereinafter “E”) with himself as the representative director, and reported the closure of D’ on August 2, 2017.

(c)

Defendant B supplied aggregate to E from November 2016, and E paid aggregate to Defendant B, but there was no separate supply of aggregate or payment under the Plaintiff’s name.

(d)

In supplying aggregate to E as above, there is no other way to prepare a separate contract for aggregate supply or to receive contract deposit from E.

E. The instant aggregate supply contract contains the name and seal of Defendant C Co., Ltd. (hereinafter “Defendant C”) as the joint and several guarantors of Defendant B.

【Fact-finding without a dispute over recognition, Gap 1, 2, 4, 5, 6, 8, 10, 11, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff originally received aggregate from Defendant B, but obtained aggregate supply by establishing E as the representative F, and the instant aggregate supply contract concluded between the Plaintiff and Defendant B was reached an agreement around that time, and no transaction was conducted.

Therefore, Defendant B is obligated to return the contract deposit amount of KRW 200 million to the Plaintiff, and Defendant C is jointly and severally liable with Defendant B as the joint and several surety of Defendant B.

B. Defendant B (1) After concluding the instant aggregate supply contract with the Plaintiff, Defendant B agreed to change the contracting entity from the Plaintiff to E on October 2016.