1. The plaintiff's claims against the defendants are all dismissed.

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

Basic Facts

On March 13, 2008, the Defendant Company reserved ownership of one unit of the “PUMA-280” mining center owned by the Defendant Company (hereinafter “instant machine”) and delivered the said machine to the Plaintiff around that time.

C Co., Ltd. provided as security to Defendant B, a representative director, D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) while temporarily leasing and using the instant machinery from the Plaintiff, and the Nonparty Co., Ltd sold the said machinery in KRW 40 million to F Co., Ltd. operating E around December 15, 2009 while the said machinery was transferred and possessed. The said machinery was delivered around that time.

On November 13, 2009, the Defendant filed a lawsuit against the non-party company seeking delivery of the instant machinery as Seoul Central District Court 2009Da436221, and the instant case was transferred to the Daegu District Court 2009Da33246 (hereinafter “relevant civil case”).

In related civil cases, the non-party company asserted that it acquired the instant machinery in good faith, but not accepted. On May 27, 2011, the non-party company was obligated to deliver the instant machinery to the defendant company, which is the owner, but the duty to deliver it was impossible to do so, and thus, it was sentenced that the non-party company would pay damages of the defendant company, 40 million won, and delay damages incurred therefrom. The above judgment was dismissed and confirmed on January 20, 2012.

On the other hand, the Plaintiff, the representative director of the above C, provided the instant machinery to Defendant B as collateral and embezzled it, and Defendant B knowingly sold stolen goods to the representative EF and transferred stolen goods to G and Defendant B. After having filed a complaint, Defendant B was sentenced to a fine of KRW 3 million for the crime of transfer of stolen goods from the Ulsan District Court 2014 High Court case (hereinafter “relevant criminal case”) on May 1, 2015, which was sentenced to a fine of KRW 200,000 for the crime of transfer of stolen goods.

The Plaintiff paid all the lease fees under the lease agreement to the Defendant Company, and from the Defendant Company on March 13, 2012.