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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 June 18, 2013, the Defendant: (a) paid KRW 1,652.9 square meters of the Incheon Factory Site and its ground factory buildings (hereinafter “instant factory buildings”) owned by C with C (hereinafter “C”); and (b) concluded a lease agreement with the Defendant on June 30, 2013 with respect to the factory facilities; (c) one year of the lease term; (d) the rent of KRW 25 million without deposit; and (e) the rent of KRW 200 million without deposit; and (e) the rent of KRW 70 million on June 18, 2013; and (e) the payment of KRW 80 million on December 25, 2013; and (e) KRW 70 million on June 30, 2013, C entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”).
B. On June 18, 2013, the Defendant paid KRW 25 million to E designated by C, KRW 25 million on June 25, 2013, KRW 20 million on June 25, 2013, and KRW 5 million on July 5, 2013 as the next appointment. On June 25, 2013, the Defendant issued a promissory note with the representative director F of the Defendant Company’s company’s face value KRW 80 million on face value, KRW 80 million on the due date, and KRW 25, 2013 on December 25, 2013, and received the instant plant from that time.
C. On July 3, 2013, the Defendant paid C’s unpaid electricity charges of KRW 72,761,960 to the Korea Electric Power Corporation in installments, and the Defendant’s representative director F and G were jointly and severally guaranteed within the limit of KRW 60 million.
Accordingly, the Defendant paid the Korea Electric Power Corporation KRW 20 million on July 3, 2013, KRW 10 million on August 22, 2013, KRW 4 million on October 1, 2013, and KRW 4 million on October 2013.
After that, the Defendant and C prepared a lease contract on a deposit basis with a deposit of KRW 1550 million and a written contract to establish a right to lease on a deposit basis on June 10, 2013 (hereinafter “the lease contract of this case”). Accordingly, the Defendant and C completed the registration of the establishment of a right to lease on a deposit basis for the factory building of this case under the receipt of receipt on July 25, 2013 by the Incheon District Court Seocheon-cheon Registry of District Court No. 63567, July 25, 2013.
E. On October 18, 2013, with respect to the instant factory building, at the request of the National Bank Co., Ltd., a mortgagee.