1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The parties (1) The Plaintiff is a sole proprietor engaged in wholesale and retail business of scrap metal, non-ferrous metals, steel materials, etc. The Defendant is a corporation that manufactures and sells electrical industrial machinery and equipment, and the Plaintiff is a corporation that sells and sells steel products, and the Plaintiff is a corporation that sells steel pipes, steel products, non-ferrous metal wholesale and retail business, etc.

(2) The LAF is a stock company established by the Defendant’s representative director E by substantially investing in all of them, and the Defendant purchased necessary coding plates, etc. and sold them again to the Defendant.

E is the auditor of the LAF, and the spouse of E is the director of the LAF.

As of December 31, 2016, E owns 20% as of December 31, 2016, J 50%, and K 30% of the representative director in the register of the LAF.

The defendant and the LAF shall have the same location as the principal office.

(3) D is the Ministry of Trade, Industry and Energy, and is the employee of the Bank of Korea.

D has not been employed as an employee of the defendant.

B. On April 29, 2015, the Plaintiff entered into a contract with D and the Plaintiff to purchase the Defendant’s shipment right for scrap metal arising from the company No. 1 and No. 2 factories, with the intention to purchase KRW 300 million.

(hereinafter referred to as "the sales contract of the scrap metal of this case"). However, there was no contract between the defendant and the non-party with respect to scrap metal arising from the factory No. 1 and No. 2.

(2) The Plaintiff paid KRW 200 million to the G in the purchase price of the scrap metal removal ticket, KRW 100 million in April 29, 2015, and KRW 100 million in April 30, 2015.

C. (1) In the name of the Plaintiff and the Defendant, the Plaintiff would purchase scrap metal arising from the Defendant’s 1 and 2 factories in the name of the Plaintiff and the Defendant, and the Defendant will pay KRW 300 million to the Defendant the contract deposit, which shall be succeeded to KRW 300 million paid by the Plaintiff to the Plaintiff in accordance with the instant sales contract for the right to remove scrap metal, and the time of removal of scrap metal shall not exceed September 30, 2015.