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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. On January 8, 2015, the Defendant entered into a sales contract (hereinafter “instant contract”) with C to purchase the machinery listed in the attached Table 1 (hereinafter “instant machinery”) at KRW 170,00,000 ( KRW 8,00,000 out of KRW 12,00,000 on the date of the contract, KRW 4,00,000 on the date of the contract, KRW 158,00,000 on March 26, 2015; and KRW 158,000,000 on the remainder on June 30, 2015). Accordingly, the Defendant paid KRW 8,00,000 on January 8, 2015; and accordingly, paid KRW 4,00,000 on March 26, 2015, respectively.
B. The Defendant failed to pay the remainder of KRW 158,00,000 until June 30, 2015, which is the remainder payment date stipulated in the instant contract, and the Defendant and C concluded a contract under which the payment date of the instant machinery was changed to KRW 200,000 from KRW 170,000,000, and the remainder of KRW 188,000,000 (=200,0000 - the remainder of KRW 12,00,000) was changed to December 30, 2015 (hereinafter “instant contract”).
C. As the Defendant was unable to prepare any balance within the payment date stipulated in the instant amendment contract, the Defendant and C concluded a contract under which the payment amount of the instant machinery from KRW 250,00,000 to KRW 250,000 on December 28, 2015, prior to the remainder payment date stipulated in the instant amendment contract, and the remainder amounting to KRW 238,000,000 (i.e., 250,000 - 12,000,000) was changed to March 30, 2016 (hereinafter “instant amendment contract”). The Defendant, on December 29, 2015, entered into a notarial deed with a notary public on December 20, 2015 (hereinafter “instant amendment contract”). The Defendant, on December 29, 2015, entered into a loan agreement with the notarial Law Firm as KRW 30,013,2701, Mar. 14, 2015”).
C A around November 2016, according to the instant notarial deed, the land listed in attached Table 2, to the Changwon District Court E, as shown in attached Table 2.