1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 25, 2012, between the Defendant and C (hereinafter “Nonindicted Company”) on June 25, 2012, the Defendant made and installed a package machine, etc. (hereinafter “instant machine”) at the factory of the Nonparty Company, and the Nonparty Company entered into a contract with the Defendant to pay 1.46 million won to the Defendant (hereinafter “instant contract”). On the same day, the Plaintiff, etc., an executive officer of the Nonparty Company, jointly guaranteed the Nonparty Company’s obligation to the Defendant under the said contract.

B. The Defendant manufactured the instant machinery from July 2012 to January 2013, 2013, and installed the Nonparty Company’s factory.

C. On June 28, 2013, the Defendant filed an application for the payment order with the Changwon District Court 2013 tea1319 against the non-party company and its executive officers, including the Plaintiff, as the Defendant was not paid the price under the said contract by the non-party company.

On July 2013, the Plaintiff, a joint representative director of the non-party company at the time, consulted on reduction of the price on the grounds that the Defendant was excluded from construction of the machinery to be manufactured and installed under the instant contract. As a result, the Defendant and the non-party company settled and decided the price under the instant contract at KRW 1.3 billion.

E. On September 29, 2016, the lawsuit (the price for goods at Busan High Court 2016Na21691) brought an objection against the above payment order was jointly and severally sentenced to a judgment ordering the payment of KRW 1.3 billion and its delay damages. The above judgment became final and conclusive on February 8, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Eul evidence 2-3, Eul evidence 1-7, 9, 10, and 11, and the purport of the whole pleadings

2. On July 15, 2013, based on the basis of the judgment on the cause of the claim, in particular, on the closing of the relevant case, the non-party company borrowed KRW 1.3 billion from the defendant on July 5, 2013, and the non-party company borrowed KRW 1.3 billion from the defendant on November 30, 2013.