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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. The status of the parties is a corporation that runs the business of recycling metal and non-metallic raw materials, etc., and the defendant is a corporation that performs asset-backed securitization business based on the Act on Asset-Backed Securitization.
B. In 2016 between the Plaintiff and C, the Plaintiff purchased from Nonparty C Co., Ltd. (hereinafter “C”), from September 22, 2016, the articles listed in the summary (PVC gold-type - 16-300m sets in whole) in attached Form 1 No. 1, No. 250,000,000,000, and the articles listed in the summary (PE water pipe’s 1,500,000,000,000,000,000,000,000,000,000,000 won, respectively.
(c)
(1) On January 2017, C dealt with the auction procedure for the factory building, etc. of this case. On March 2017, 2017, three Dongs (hereinafter “factory building of this case”) of the factory building located in D and the machinery and apparatus listed in the attached Table 2 attached hereto (including Suwon District Court, EF(F)) were commenced. (2) The Defendant purchased the building of this case and the machinery and apparatus listed in the attached Table 2 attached hereto (hereinafter “the machinery and apparatus sold in the auction procedure”) in the above auction procedure for KRW 7.2 billion and paid the proceeds of sale on January 3, 2019.
(3) Meanwhile, the articles listed in attached Form 1(1) through (3) purchased by the Plaintiff from C are not included in the sale subject to the above auction procedure.
(d)
(1) After the completion of the auction procedure, the Plaintiff’s representative G produced and sold the PVC product using facilities, gold, etc. within the instant factory building from August 2019 to Nonparty H, who had worked as a director of C with the Defendant’s permission.
(2) On August 26, 2019, the Plaintiff purchased the gold-type and attached facilities in attached Form 1 No. 4 from C in KRW 100 million.
(3) On the other hand, the defendant is separately from the defendant, on June 24, 2019, I.D.