1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The plaintiff is a person who is engaged in the business of distributing pigs, and the defendants are those who raise and sell pigs while jointly operating a swine farm between the father and the father.

D around September 2005, the Plaintiff introduced the Plaintiff to the Defendants, and the Defendants agreed to sell all pigs raised from the Defendants’ farm to the Plaintiff from that time.

(hereinafter “instant contract.” On September 30, 2005, the Plaintiff paid KRW 150,000,000 to Defendant B as advance payment for the sales price of pigs that will be incurred in the future. On October 1, 2005, the Plaintiff drafted a cash storage certificate with the above Defendant on October 1, 2005.

D After the conclusion of the instant contract, until May 2006, the Plaintiff transported pigs shipped from the Defendants’ farm to the measurable in accordance with the Plaintiff’s order, and received a certificate of measurement, and then transported the said pigs to the slaughterhouse upon the Plaintiff’s instruction.

On the other hand, after obtaining a certificate of measurement from D, the Plaintiff transferred the amount of pigs based on the measured weight to E account in the name of D, and D deducted the amount in the name of commission, such as transportation cost, from the above price, and then remitted the deposited amount to the Plaintiff’s account in the name of the Defendants.

On January 16, 2006, the Plaintiff remitted 10,910,000 won to E’s account under the name of E, and 160,768,000 won, which was the amount derived from deducting the above fee, to Defendant B on January 17, 2006.

Since May 2006, the Plaintiff and the Defendants continued to engage in swine transactions under the instant contract without going through D, and terminated transactions under the said contract on July 2013. The Defendants deducted the outstanding amount of swine payments from KRW 150,000,000 that the Plaintiff paid in advance, and paid KRW 50,000,000 to the Plaintiff on August 26, 2013, respectively.

[Ground of recognition] Unsatisfy, Gap evidence 1 through Gap evidence 4, Gap evidence 9 through Gap.