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 person who manufactures large machinery parts with the trade name of “B,” and the Defendant is a company that sells machinery and engages in wholesale and retail business.

B. On March 15, 2012, the Plaintiff sold two charters and one RAM-tighting (hereinafter collectively referred to as “instant machinery”) owned by the Plaintiff to the Defendant at the price of KRW 30 million.

C. On March 19, 2012, when the Plaintiff re-leased the instant machinery from the Defendant, the Plaintiff entered into an additional agreement with the Defendant to the effect that “the Plaintiff shall be paid monthly payment to the Defendant by setting the amount of KRW 34 million for the period, KRW 34 months, KRW 1,494,00 for monthly payment ( KRW 90,000,000 for subscription fee, KRW 544,00 for rent, KRW 540,00 for rent), KRW 15 days for payment, KRW 3% for late payment, and KRW 3% for late payment, but if the accumulated amount of subscription money paid by the Plaintiff is equal to the leased amount and the same amount, the lease contract shall be deemed to have been terminated.”

On the other hand, on April 9, 2012 at the commission of the Plaintiff and the Defendant, a notary public drafted a notarial deed under a loan agreement for consumption with a movable property security (hereinafter “notarial deed”) stating that “The Plaintiff transferred the ownership of the instant machinery to the Defendant by means of an amendment of possession, and the Defendant transferred it to the Defendant, on March 19, 2012, at the maturity of payment of KRW 30 million and interest rate of KRW 22%.”

E. The Plaintiff paid KRW 1,122,00 to the Defendant on March 16, 2012, and the same shall apply from March 19, 2012 to October 31, 2014.

A total of KRW 46,373,680 was paid with monthly payments as stated in the paragraph.

F. The Plaintiff is above C.

Upon delay in the payment of monthly payments as stated in the Paragraph, the Defendant applied for an auction of the instant machinery based on the authentic copy of the instant authentic deed with executory power on January 21, 2013. In the auction procedure, on January 6, 2015, C purchased the instant machinery in 150,050,000 won, and deducted the cost of execution from the proceeds of sale.