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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. D, which operated the “Cale club” in L-si B, agreed between the Defendant and the Defendant to install the sound equipment owned by the Defendant (hereinafter “instant sound equipment”) in the above club, and paid only KRW 150 million for the construction cost even after the Defendant completed the above construction, and did not pay KRW 100 million for the instant sound equipment.
B. Accordingly, around February 3, 2010, D agreed to purchase the instant sound device from the Defendant in KRW 100 million, and pay the price by May 3, 2010, but as of May 3, 2010, D again agreed to pay the purchase price of the instant sound device in installments at least KRW 15 million a month.
(hereinafter the above two arrangements are referred to as the “instant arrangement”). C.
On June 24, 2010, the Plaintiff transferred his/her business to a third party, including the instant sound equipment, and operated his/her age club from July 1, 2010. On October 24, 2013, the Plaintiff transferred his/her facility, other than the instant sound equipment, to a third party. The instant sound equipment was later handed over to the Defendant.
D around July 2010, the Defendant paid KRW 20 million out of the price of the instant sound device to the Defendant and did not pay the remainder. On September 16, 2010, the Defendant notified D of the purport that the instant agreement was a lease contract for the instant sound device and that it was not a delivery of the instant sound device and payment for the reason that the said lease contract was terminated.
E. At the time of February 16, 2011, the Defendant filed a lawsuit claiming delivery of the instant agreement on the premise that the ownership of the instant sound equipment was owned by the Defendant and claiming for payment of unpaid rents and unjust enrichment equivalent to rents, as the instant agreement, against the Plaintiff, who was using the instant sound equipment while operating the said club.