1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff engaged in the scrap metal sales and brokerage business under the trade name of “C” and engaged in scrap metal transactions with the Defendant who runs the scrap metal business under the trade name of “D” from March 2009 to the end of March 2012 or from the beginning of early 2013.

At the beginning of the transaction, when the Plaintiff supplied the scrap metal, the Defendant traded it by way of immediately paying the price. At any time, the Defendant paid the Plaintiff advance payment of a certain amount of KRW 5,00,000,000 to the Plaintiff, and then the Plaintiff supplied the scrap metal, the value thereof was deducted from advance payment to settle the amount.

B. From March 1, 2009 to December 31, 2012, the Plaintiff issued a tax invoice of KRW 1,021,761,532 in total to the Defendant, and the original Defendant reported the transaction of the value at the tax office.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including paper numbers; hereinafter the same shall apply), defendant's personal examination result, purport of whole pleadings

2. Determination on the cause of the claim

A. From March 1, 2009 to December 31, 2012, the Plaintiff supplied the Defendant with scrap metal equivalent to KRW 1,021,761,532 stated in the list of the total tax invoice by buyer reported to the tax office.

However, since the Defendant paid only KRW 747,375,637 to the Plaintiff the total sum of KRW 747,375,637, the unpaid amount of KRW 274,385,895 (=1,021,761,532 - 747,375,637) should be paid to the Plaintiff.

B. In light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant did not pay the Plaintiff the scrap metal amounting to KRW 274,385,895, and there is no other evidence to prove otherwise. Thus, the Plaintiff’s assertion is without merit.

1 The defendant has been directly engaged in transactions with the plaintiff, but the plaintiff was also engaged in transactions with the third party introduced by the plaintiff, and the delivery of scrap metal and the price for such transactions with the third party.