A. The facts of recognition 1) Defendant C registered the trade name “D” in Defendant B’s spouse’s name and sold textile products. Around October 2016, Defendant C proposed that, if the Plaintiff purchased salt machinery and supplied it to Defendant C, the Plaintiff would take charge of all business and distribution of the textile products, Defendant C would take charge of all of the business and distribution of the textile products. On the other hand, Defendant C would take charge of the heat plate and presses from F operated by E around October 13, 2016 (hereinafter “instant machinery”).

(2) On December 13, 2016, the Plaintiff purchased the instant machinery and supplied the processed goods to Defendant C, but if the calculation of profits and losses is not consistent with the agreement on the purchase of the instant machinery, Defendant C agreed to immediately re-purchase the instant machinery within 15 days from the date of notification by the Plaintiff (hereinafter “instant agreement”).

3) The Plaintiff, on January 6, 2017, remitted the instant mechanical proceeds of KRW 30,000,000 to the account in the name of the Defendant B used by Defendant C, and transferred KRW 4,00,000,000 on April 11, 2017, and KRW 3,950,000 on July 28, 2017, respectively, to F. 4), and the Plaintiff established a corporation “F” around January 2, 2017 for the business discussed with Defendant C, and began its business.

5) However, on February 27, 2018, Defendant C continuously suffered a loss of business of the said corporation due to its failure to conduct its business, etc., and the said corporation discontinued its business around February 27, 2018. 6) The Plaintiff requested Defendant C to re-purchase the instant machinery pursuant to the instant agreement. Accordingly, Defendant C promised to pay the Plaintiff KRW 37,950,000 ( KRW 30,000,000) paid as the instant machinery price to the Plaintiff, but it did not pay it up to now.