1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a company that sells machinery, etc.

Article 1 of the sales contract (No. 5-1 of the evidence No. 5) The intervenor shall sell and purchase the following machinery to the plaintiff, and the plaintiff shall purchase it:

On October 6, 2015, KRW 34,400,000 of cash payment of KRW 100,000,000 for sale and purchase (4 units of machinery) sale and purchase (5,60,000,000 for the settlement money of KRW 34,40,000 for cash payment on October 7, 2015, the balance remittance of account transfer 60,000,000 for the account transfer contract on September 21, 2015, the delivery date of which was October 6, 2015 to be kept by the Intervenor for a period of time on October 6, 2015, and to be taken out within the factory of the Intervenor at the place of delivery. Article 2 of the same Act provides that the Plaintiff shall make advance payment to the Intervenor on the intermediate payment and the balance on the date determined before the date of delivery of the contract.

The machinery subject to sale shall be kept by the intervenor by the date of delivery, and the plaintiff shall voluntarily remove the machinery from the intervenor's place of business on the date of delivery of the machinery specified in this contract.

Article 3 The intervenor shall be deemed to have received the above-mentioned machinery from the plaintiff at the same time, and the conclusion of the sales contract is completed, and the intervenor shall keep and use the machinery at the intervenor's workplace until the plaintiff takes it out on the delivery date.

except that 60,000,000 won is the Plaintiff’s direct repayment of the Intervenor’s debt to the I Bank and removal of the machinery on the date of the remainder payment, because the Intervenor provided the I Bank with the machinery subject to sale as security as of the date of this contract.

In the event that the plaintiff is unable to deliver the machinery of the indication on the date of delivery due to the circumstances of the intervenor under Article 8, the plaintiff shall notify the plaintiff to deliver it within a period of three days, and if the intervenor fails to comply with it within such period, the contract shall be terminated, and the return of the purchase and sale amount under Article 1 and the claim for compensation for the damage

[Special agreement] Even after the plaintiff paid the machinery price in full according to the sales contract, the intervenor received before the delivery date.