1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit are assessed against the defendant.

1. Basic facts period: 30% (the draft 864,000) of the contract amount on the 90-day basis from the date of conclusion of the contract: 30% (the draft 864,000) of the contract amount on the 2,880,000 won (including taxes) shall be paid as a security deposit after one year from the completion of A/T, for the 30% (864,000 bills) of the contract amount within the period of one month (the draft 864,000 bills) within the period of one month after all the equipment was stored;

A. On June 23, 2016, the Defendant entered into a contract with the Nonparty, a Chinese company, for the production and supply of automated equipment (AUTIC TMAT) with the following content.

The period: The contract amount of KRW 86,00,000 for the advance payment of KRW 25,800,000 for the last payment of KRW 20 days after the submission of the contract performance guarantee insurance policy (excluding surtax) from the date of conclusion of the contract: KRW 25,800 for the second intermediate payment of KRW 25,800,000 for the second intermediate payment of KRW 30th of the following month after the inspection of the Organization after the submission of the certificate of performance guarantee insurance, and KRW 8,600,000 for the second intermediate payment of KRW 30th of the following month after the submission of the certificate of performance guarantee after the on-site installation and the completion of A/T

B. On July 29, 2016, the Defendant entered into a contract for the supply of crops (hereinafter the instant contract) with the content that the Defendant would request the production of TLP Dozer Unit (hereinafter “instant equipment”) among the above automated equipment, and that the Defendant would request A engaged in the manufacturing of mechanical equipment under the name of C to receive the delivery (hereinafter “instant contract”).

C. A supplied the instant equipment to the Defendant around September 2016, and received advance payment of KRW 25,800,000 from the Defendant around August 11, 2016, and KRW 25,800,000 from the first intermediate payment around December 2016.

A was declared bankrupt on June 30, 2017 while the lawsuit in this case was pending, and the Plaintiff, a bankruptcy trustee, taken over the lawsuit in this case on August 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5 through 10 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1 and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff alleged by the parties concerned is the equipment of this case according to the contract of this case.