1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C Co., Ltd. (hereinafter “debtor Co., Ltd.”) is a company engaged in the business of manufacturing cosmetics, etc., and the Defendant (former company: D) is a company engaged in the business of manufacturing and selling cosmetics.

B. On April 23, 2018, the Plaintiff applied for a payment order against the debtor company seeking a loan of one billion won and damages for delay, and received a payment order (No. 2018 No. 10222) from the above court on April 23, 2018, which became final and conclusive around that time.

C. From November 2017, the debtor company discontinued its business around May 2018.

On March 29, 2018, the Defendant sold four parts of the cosmetic machinery and equipment (hereinafter “instant machinery and equipment”) equivalent to KRW 30 million per unit to E Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”) in total at KRW 120 million.

[Ground of recognition] Unsatisfy facts, Gap 1, 2 and 4 evidence (where there are numbers in documentary evidence, the indication is omitted; hereinafter the same shall apply), part of witness F testimony, the fact inquiry into the non-party company of this court, the purport of the whole pleadings as a whole.

2. Determination as to the cause of action

A. The summary of the cause of the claim concluded a subordinate contract with the debtor company from March 2018 to May 201, the defendant supplied the non-party company, which is the principal contractor, with 450 million won Mak factoring cosmetics from the above company, and did not pay the price of the goods to the debtor company.

In addition, since the machinery and equipment of this case are presumed to be owned by the debtor company, the defendant is obligated to return the purchase price of KRW 120 million to the debtor company as unjust enrichment.

The plaintiff, as the creditor of the debtor company, seek against the defendant on behalf of the debtor company the payment of the above goods price claim of KRW 450 million and the claim for return of unjust enrichment of KRW 120 million and the claim for return of unjust enrichment of KRW 570,000,000 and damages for delay.

B. The judgment obligor company shall be the Plaintiff.