The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Facts of recognition;

A. On May 21, 2015, the Plaintiff obtained a loan of KRW 1.4 billion at the Defendant’s D Branch located in Kimhae-si, Kimhae-si (hereinafter “instant loan”), and established a mortgage on the land and building for a factory located in Kimhae-si, the Defendant established a mortgage on the land and building. However, pursuant to the Factory and Mining Foundation Mortgage Act, the machinery and equipment, etc., which have the effect of the said mortgage, include five square meters at the market price of the said factory (hereinafter “instant private typesetting”).

B. On December 2016, the Plaintiff did not pay interest on the instant loan.

On January 9, 2017, the Defendant filed a complaint against the Plaintiff with an investigative agency on charges of fraud, etc. The gist of the accusation was that the Plaintiff provided the instant private typesetting machine as security and acquired it by borrowing KRW 1.4 billion, on the ground that the Plaintiff was neither the owner of the instant private typesetting machine nor the owner of the instant typesetting machine.

As a result of the investigation on May 17, 2018, the defendant was prosecuted for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Changwon District Court's Jinju branch (hereinafter "the prosecution of this case"). The summary of the facts charged is as follows.

On May 21, 2015, the defendant (the plaintiff) applied for credit transaction of KRW 1.4 billion to the victim B (the defendant) at the D branch of the B Bank located in Kimhae-si, Kimhae-si, and agreed to set up a mortgage on the land and building belonging to the factory located in the F in Kimhae-si, and provided it as a security by the machinery and equipment having the effect of the above mortgage in accordance with the Factory and Mining Foundation Mortgage Act.

However, in fact, in July 2014, the ownership was reserved in G with the shooting type type machines, the Defendant paid only 10% of the down payment from G Co., Ltd., and did not pay the remainder after receiving the payment.