1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 4, 2016, the Plaintiff entered into a contract for the sale of goods with C Co., Ltd. (hereinafter “C”), with the purchase price of KRW 135,00,000 (excluding value-added tax) with respect to the astronomical SDR-UX/12K, tobacco manufacturing center (type: 2014; hereinafter “Manufacture”) owned by C, and paid KRW 13,50,000,000 to C around July 4, 2016, and then paid KRW 27,00,000 for intermediate payment around July 7, 2016.

B. On July 8, 2016, the Plaintiff entered into a lease agreement with D Co., Ltd. (hereinafter “D”) under which the Plaintiff’s factory, lease period is 36 months, interest rate is 5.4% per annum, monthly rent is 3,377,788 won, contract deposit is 27,00,000 won, insurance is paid to the lessee, and the terms and conditions of the instant lease agreement (hereinafter “instant lease agreement”) are as follows.

Article 10 Ownership of Goods

1. The Plaintiff only has the right to possess and use the goods under this Agreement during the lease period, and in no case does it transfer the ownership and other rights to the goods to the Plaintiff.

3. The ownership of the object is entirely attributable to D even if the Plaintiff bears part of the acquisition fund in acquiring the object.

Where, for any reason (including a natural disaster) after the damage or destruction or delivery of an article under Article 14, the article is destroyed or damaged to the extent that it is destroyed, stolen, or impossible to repair it, or where the ownership or right to use the article is repealed, confiscated, seized or requisitioned as an administrative measure, the plaintiff shall pay D money for the relevant provision loss of the article listed in the specification list.

In such cases, this Agreement shall terminate only with respect to the goods concerned.

However, the plaintiff shall pay the fixed amount of loss.