1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The pertinent Plaintiff is a company established for the purpose of the manufacturing and selling business of industrial steel bars, and the Defendant is a person who engages in the wholesale and retail business of scrap metal trade name C.

B. Declaration of bankruptcy of Samho Shipbuilding Co., Ltd. 1) Samho Shipbuilding Co., Ltd. (hereinafter referred to as “Maho Shipbuilding”)

2) On February 15, 2012, the Defendant was declared bankrupt as Changwon District Court 201Hakwon District Court Decision 201Hakwon District Court Decision 201Hun-Ga1, supra.

C. On June 2012, the Plaintiff entered into a contract with the Defendant on the block block, etc. for shipbuilding, etc., which was publicly announced by Samho Shipbuilding trustee D (hereinafter “Seoul Shipbuilding trustee”) with the Defendant, under which the Plaintiff paid a bid deposit to the Defendant as an advance payment, and received the Defendant’s bid price by participating in the bidding under his/her name with the said funds, and the successful bid price is also paid to the Defendant as an advance payment, and the Defendant paid the remainder of the successful bid price as an advance, and then deposited the said successful bid with the Defendant into a contract with the Plaintiff to deliver the said successful bid price to the Plaintiff (hereinafter “instant contract”).

Details of the contract prepared at the time are as shown in attached Form 1.

The Plaintiff paid the advance payment to the Defendant under the name of advance payment of KRW 3,846,728,000, totaling 15 times from June 20, 2012 to November 29, 2013, as shown in attached Table 2, pursuant to the instant contract (hereinafter “instant advance payment”).

E. On June 2012, 2012, the trustee in bankruptcy of Samho Shipbuilding issued a notice of public sale of blocks, facilities, and machinery, etc. in Samho Shipbuilding’s throughout the Changwon District Court’s permission. 2) The Defendant issued a notice of public sale of blocks, facilities, and machinery, etc. in Samho Shipbuilding’s throughout the Cho Lake Shipbuilding’s Cho Lake Shipbuilding’s throughout the period of public sale of blocks and blocks for building vessels within the Choho Shipbuilding’s throughout the period of public sale, and around May 2013, facilities, equipment, etc. in Samho Shipbuilding’s factory.