1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3.(a)

The plaintiff is a provisional payment to the defendant.

1. Basic facts

A. A. From February 2016, the Defendant operating the “C Sung-gu” in the Bupyeong-gu Incheon Metropolitan City: (a) introduced Bitrot 1 set (hereinafter “the instant goods”) (hereinafter “D”); and (b) entered into an installation lease agreement with the F Co., Ltd. (hereinafter “F”) on a product price of KRW 108,90,000; (c) the leased fee of KRW 3,28,400 for each time; and (d) the lease period of KRW 42 months (including six months for a grace period) with the Defendant at the time of purchasing the instant goods within the grace period and terminating the first lease agreement.

B. While the Defendant received and used the instant goods, he requested E to terminate the first lease contract in accordance with the said promise. However, upon entering into a new lease contract with respect to the instant goods, E proposed that the Defendant terminate the first lease contract with the price of the said goods, and grant a grace period of six months again for the new lease contract.

C. Accordingly, on September 22, 2016, the Defendant entered into a facility leasing agreement with the Plaintiff on the instant goods at KRW 110,00,00,00 for the goods, KRW 3,356,40 for the conference rent of KRW 36 months, and KRW 36 months for the lease period (hereinafter “second lease agreement”). In the process, E issued a written estimate, tax invoice, etc. stating as if the instant goods were newly supplied, and the Defendant drafted a written request, etc. to the Plaintiff to pay the Plaintiff the receipt of the instant goods and the purchase price for the goods.

E was convicted on December 21, 2017 as a crime of fraud related to the sale of naphtha (Korean District Court Decision 2017Kadan1529, etc.). E is the employee of the victim (Plaintiff) on September 22, 2016.