1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. The Plaintiff is a merchant who runs food wholesale and retail business in the name of D, and the Defendant is a merchant who runs a livestock product processing business under the trade name of E, and C was engaged in a livestock product processing business with the Defendant’s three villages.

B. Around April 2013, C had the Plaintiff take over the “F factory” that the Plaintiff was under lease from the Plaintiff to operate E. In that process, the loan certificate was prepared on April 9, 2013; and on that process, the Plaintiff, the Defendant, the Defendant, the joint and several surety C, the amount of KRW 45 million (hereinafter “the loan certificate of this case”).

C. The Plaintiff, via the IBK Enterprise Bank Account in the name of the Defendant (G; hereinafter “instant account”), deposited KRW 3 million on April 17, 2013, KRW 50 million on April 30, 2013, and KRW 13 million on June 6, 2013, via the IBK Enterprise Bank Account in the name of the Defendant (hereinafter “instant account”), and deposited KRW 20 million on April 9, 2013, to the Defendant.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 2, gist of whole pleadings]

2. The plaintiff's ground for claim

A. The Defendant is obligated to pay to the Plaintiff the remainder of the acquisition price of KRW 15 million and damages for delay, as the Defendant paid only KRW 30 million to the Plaintiff, out of the acquisition price (the lease price of KRW 15 million + the equipment + KRW 30 million) incurred by the Defendant taking over the “F factory” from the Plaintiff.

B. In addition, the Defendant is obligated to pay the remainder of the loan amount of KRW 15 million and damages for delay on April 10, 2013 on the ground that the amount of the lease deposit to be paid to the lessor via C is insufficient. As the Defendant borrowed KRW 18 million from the Plaintiff on April 10, 2013, and received KRW 3 million from the Plaintiff, it is obligated to pay the remainder of the loan amount of KRW 15 million and the damages for delay.

3. Determination

A. There is no evidence to prove that the acquisition price for the Plaintiff is KRW 45 million solely based on the evidence submitted by the Plaintiff as to whether there exists any unpaid acquisition price.

Rather, A No. 3 (factory Sales Contract) is a sales contract.