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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff loaned KRW 3,350,000,000 from May 2, 2012 to September 2013, 2013 to Company A (hereinafter “A”, and also to other companies omitted the entry of “stock company”).
B. On July 31, 2013, the Defendant entered into an outsourcing purchase contract with A to be produced and supplied with B three parts as follows (hereinafter “instant purchase contract”). A around that time, paid the down payment of KRW 585,000,000 to A.
The defendant shall be the buyer, and A shall be the supplier, and the contract shall be concluded as follows:
Article 2 Contents of Contract
1. Pro rata: B (hereinafter referred to as “instant equipment”);
2. Quantity: Three vehicles;
3. Places of delivery: Places of overseas installation designated by the second defendant in the assembly factory of the first defendant (China Pest).
4. Date of delivery: Contract amount on November 15, 2013: KRW 1,950,000,000, and Map VAT separately;
6. Contract observance and scope 3) A shall carry out design, production, detailed, and TRT into the primary supply site after the second supply site, bring them into the second supply site, and take them out to the middle supply site, and carry them out to the shortdong and ININE Interconnection TRT. 7. The Defendant may immediately notify the contract of the terms and conditions of payment and the balance payment of the intermediate payment of the amount divided into 585,00,000 won 1,170,000,000 won 195,00,000,000 won and 30% of the payment rate of 10% after the conclusion of the contract and 10%) after the Defendant’s request was submitted to 2 Defendant after the Defendant’s report on the completion of installation and submission of 10% at the second supply site after the completion of the contract, and upon the occurrence or termination of the contract, the Defendant may cancel or terminate the contract:
1. Where it is determined that a cause attributable to A may seriously affect the defendant's production activities;
2. Where he/she is subject to the suspension of transactions from financial institutions.
3. Where he/she is subject to a disposition, such as cancellation or suspension of business, by a supervisory agency.
4. Default on bills and checks;