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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts of fact may be found either in dispute between the parties or in full view of the whole purport of the pleadings stated in Gap evidence Nos. 1, 3, 4, 5, and Eul evidence Nos. 8, 10, 11, 12, 13, 14, 17, 18, 19, 20 (including those with serial numbers), and the witness C's testimony contrary thereto shall not be believed.
Around March 28, 2012, Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) entered into a facility lease agreement (hereinafter “Lease agreement”) with Nonparty F Co., Ltd. (hereinafter “Lease Company”) with respect to the purchase of each movable property listed in the separate sheet (hereinafter “the instant machinery”) from Nonparty F Co., Ltd. (hereinafter “Lease Company”) on the condition that the said lessee would purchase the instant machinery, and the Nonparty Co., Ltd. would use and profit from the said machinery. However, upon the termination of the lease period, the deposit amount is KRW 90 million, KRW 381,856, and KRW 48 months, and the lease period is determined as KRW 90 million, KRW 538,00,00,000, and KRW 586,000,000,000,000,000). The said lease company purchased the instant machinery from Nonparty E in accordance with the lease agreement.
B. According to the instant lease agreement, the instant machines were established in Busan, which is the location of the Defendant’s place of business, in the building on the G ground of the Busan, which is the location of the Defendant’s place of business, but were not established in the said place. It was established in Gangseo-gu, Busan, which is the location of the Defendant’s customer, was located in Gangseo-gu, Busan. On September 2013, the Defendant leased and used part of it from Nonparty Company
The above transfer cost was borne by the defendant.
C. The lease fee of the instant lease was paid on the Defendant’s account, and its payment was completed on April 7, 2016.
On the other hand, on March 16, 2016, K Law Firm, which belongs to the Changwon District Public Prosecutor's Office, borrowed KRW 157 million from the Plaintiff at the commission of the Plaintiff and Nonparty Company, and the Plaintiff.