Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) concluded a sales contract with the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to purchase KRW 1,300,000,000,000 on the date of the contract, to pay each of the remainder KRW 1,280,00,000 on the date of the contract, and the remainder of KRW 1,280,000,000,000 on March 30, 2015 (hereinafter “instant sales contract”), and around that time, to the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) paid KRW 20,000,00 to the Defendant Co., Ltd. (hereinafter “instant sales contract”).
B. From November 5, 2014, as the special terms of the instant sales contract, D and the Defendant Company permitted D to repair and use the instant factory from November 5, 2014, and decided to transfer the said factory to the Defendant Company without any conditions including the accepted part in the case of termination due to unpaid payment. Accordingly, following the conclusion of the said sales contract, D and Defendant C, the actual operator of D, entered into a contract for repair and construction of the instant factory with the Plaintiff and Defendant C, the person in charge of the Defendant Company, around November 2014.
C. However, from December 2014 to December 2014, disputes arose between D and the Defendants regarding the repair process of the instant factory, whether to convert some of the remaining amount into investment funds, and whether to establish a collateral security in the name of the Defendant company in the instant factory. Ultimately, the instant sales contract was not concluded any longer from the end of December 2014.
D On March 22, 2017, while the instant lawsuit is pending, transferred the “right to demand penalty of KRW 40,000,000 upon the rescission of the instant sales contract” to the Plaintiff, and on May 17, 2017, notified the Defendant Company of the said assignment of claims with content certification.
[Reasons for Recognition]