1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a stock company that runs the business of manufacturing machinery, etc., and the Defendant is a person who runs the business of leasing construction equipment under the trade name “C”.

B. From February 2018 to June 2018, the Defendant leased construction equipment, such as Kacra, to the Plaintiff; and the Defendant did not receive KRW 23,155,000 out of the rent.

(C) The Plaintiff’s claim for the outstanding amount of the rent (hereinafter “instant claim”).

On July 2018, the Defendant delegated the representative of the claim group comprised of creditors against the Plaintiff (hereinafter “claim group”) with all of the affairs pertaining to the handling of outstanding amounts and outstanding bills against the Plaintiff (the instant claim) and agreed to distribute the recovered amount at the ratio of the creditors’ claims based on the total reported amount of the final claim amount. D.

On July 15, 2018, the credit group agreed with D Co., Ltd. and E (hereinafter “D, etc.”) and “D, etc. transfer the rights to raw materials, semi-finished goods and finished goods related to the Plaintiff’s D, etc. to D, etc., and pay D, etc. 50% of the total amount of claims of the members of the credit group.”

(hereinafter “instant agreement”) e.

On July 23, 2018, the Plaintiff prepared a written delegation agreement to delegate ownership of raw materials, semi-finished products and finished products related to D, etc. and all rights related to the release of the goods.

F. The Defendant received KRW 4,500,000 from D, etc. according to the instant agreement.

G. On the other hand, on July 18, 2018, the Defendant filed an application against the Plaintiff for a payment order with the Gwangju District Court 2018 tea446 in relation to the instant claim, and on the same day, the payment order was issued on August 4, 2018, stating that “the Plaintiff shall pay KRW 23,155,000 to the Defendant and its delay damages.”

(hereinafter “instant payment order”) H.

The defendant.