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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts of the claim are as follows: (a) the Plaintiff purchased 53 food manufacturing machinery (hereinafter referred to as "the machinery of this case") from others by auction, such as a full-scale type machine installed in the factory B in Kimhae-si; (b) on March 7, 2015, the Plaintiff sold it to Nonparty C in the price of KRW 275 million (including value-added tax) and received KRW 10 million as down payment on the day; (c) the Plaintiff again sells it to the Defendant (the former trade name:D farming association) on the basis that the Plaintiff sells it again to the Defendant (including value-added tax) on the same amount as the sales contract (No. 5) dated February 25, 2015, which was the same as the sales contract (No. 8-1) dated June 22, 2015, and accordingly, there is no dispute between the Defendant, who is the buyer of the instant machinery, in the form of the above 1.5 billion won and then sold it to the Defendant (including value-added corporation).
2. Judgment on the plaintiff's claim
A. The plaintiff asserted (1) as the cause of the claim in this case. The plaintiff sold the machinery in this case to the defendant in actual amount of KRW 450 million. The defendant prepared and delivered a sales contract with a maximum amount of KRW 1.1 billion, different from the fact that it is necessary for the defendant to obtain a loan from a financial institution as security, and the plaintiff was not paid KRW 85 million, but did not receive KRW 70 million from the defendant. Thus, the plaintiff was to receive KRW 50 million from the defendant ( KRW 455 million). However, the plaintiff received KRW 2.85 million from the defendant on several occasions, and received KRW 39 million from the defendant on five occasions, and received KRW 6.35 million from the defendant on six million and KRW 6.5 million.5 million on six billion on five occasions. Thus, the defendant received KRW 6.35 million on six billion on six hundred and KRW 5.5 million on five billion on six.