1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant, under the trade name of “C”, was engaged in the business of manufacturing parts at the request of “D” (hereinafter “D”).

B. On May 21, 2012, the Defendant: (a) concluded a transfer agreement with D on the acquisition or transfer of the machinery and products, office fixtures, etc. owned by D (hereinafter “facilities of this case”) with the content that “transfer the unpaid personnel expenses to the Defendant instead of KRW 135 million in the unpaid personnel expenses (hereinafter “instant transfer agreement”); and (b) the Defendant paid to D the remainder after deducting the unpaid personnel expenses and the expenses incurred in the operation of the factory from approximately KRW 240 million in the claims of D; and (c) used the remainder for the repayment of taxes and liabilities; and (d) the factory is operated under the supervision of the Defendant.”

C. On May 26, 2012, E representing the Defendant paid the electricity charge of KRW 20 million out of the goods cost of KRW 27.2 million to be paid from the Lo Commission, a D’s business partner, and the remainder of KRW 7.2 million, and the goods cost of the goods additionally paid from the 21st century business company and the Lo Commission was agreed to be “after-consultation with D” (hereinafter “instant agreement”).

The Defendant received the amount of KRW 148,918,098 from the customer while operating a factory in accordance with the instant transfer contract and operation contract. Of them, the Defendant received KRW 132,437,698 from the company of the 21st century, which is the existing customer of D, the Commission and the Korea Railroad Corporation.

E. Unlike the instant agreement, D filed a lawsuit against the Defendant seeking the return of the instant facility on July 26, 2012 (this Court Decision 2012Da6796) on the ground that the Defendant used the goods that were additionally received from the company of the 21st century and the company of the 21st century without consultation with D, and the instant transfer contract and the instant transfer contract against the Defendant on March 6, 2013 during the said lawsuit.