1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On November 12, 2012, the Defendant filed a lawsuit for the delivery of corporeal movables (hereinafter “instant principal lawsuit”) against the Plaintiff on the premise that he/she purchased the Plaintiff’s knife board (including KRW 461,212,334, value added tax) via C (hereinafter “instant movable property”). On April 8, 2013, the Defendant filed a lawsuit against the Plaintiff for the delivery of corporeal movables (hereinafter “instant principal lawsuit”).

B. On January 30, 2013, prior to the instant lawsuit on the merits, the Defendant filed an application for provisional disposition prohibiting the transfer of corporeal movables possession by the District Court Decision 2013Kadan798 (hereinafter “instant provisional disposition”). On February 13, 2013, the Defendant received a provisional disposition from the said court (hereinafter “instant provisional disposition”).

C. As a result of the instant lawsuit, the first instance court of the instant case rendered a judgment that dismissed the Defendant’s claim on the grounds that there was no evidence to deem that C was the Plaintiff’s agent.

On November 7, 2014, the appellate court dismissed the defendant's appeal, and the judgment became final and conclusive as it is, although the defendant appealed as the District Court 2014Na2212.

On the other hand, while the defendant filed a complaint against the plaintiff's representative director D and C on the charge of fraud, etc., the prosecutor of the Suwon District Prosecutors' Office issued the disposition of non-prosecution by the prosecutor of the Suwon District Prosecutors' Office to the effect that he/she was not guilty of C except C, but C was prosecuted.

C was sentenced to a conviction of six months of imprisonment with prison labor for the crime that “C by deceiving the Defendant and selling the movable property of this case to Defendant KRW 45,000,000” in Suwon District Court 201, Suwon District Court 201, the said judgment (hereinafter “instant criminal judgment”) became final and conclusive on the ground that “C was convicted of the above money by deceiving the Defendant, and obtained the said money by deception.” Although C appealed appealed thereafter, the said judgment was final and conclusive on the ground that C was dismissed.

[Ground of recognition] Facts, absence of dispute, and evidence A of subparagraphs 1 through 3.