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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. Estek Co., Ltd. (hereinafter “Estek”) and Estek multiple stock companies are companies engaged in the business of manufacturing, selling, and leasing construction materials. The Plaintiff is engaged in the business of purchasing or leasing construction materials from the above companies and then leasing them again.
B. On March 20, 2013, the Plaintiff entered into a contract with multiple companies to be provided with the 1,031,373,090 won of the price, as well as ancillary materials, etc. On the same day, the non-party company, the seller, jointly and severally guaranteed the above contractual obligations of the Hasts multiple corporations.
From April 12, 2013 to May 15, 2013, the Plaintiff paid KRW 675,218,450 out of the price to multiple stock companies pursuant to the above contract.
C. However, when multiple companies are unable to perform the obligation to purchase materials pursuant to the above contract due to the aggravation of the financial condition, the Plaintiff, the Nonparty Company, and the Duststs Co., Ltd. agreed on May 5, 2013 to convert the above goods supply contract into a lease agreement to lease materials to the Plaintiff. Accordingly, on May 22, 2013, the Plaintiff and the Nonparty Company concluded a lease agreement to provide the Plaintiff with the strong materials used for the construction of the facilities from May 22, 2013 to the completion of the construction work (hereinafter “instant agreement”).
At this time, 315,434,90 of the above material price paid by the Plaintiff to multiple stock companies was set off against the existing obligations owed by the Plaintiff to the non-party company, and agreed to substitute for partial payment of KRW 385,014,20 of the total supply price of the contract of this case to the remainder of KRW 359,783,550 (hereinafter “instant advance payment”).
The above agreement dated May 5, 2013 and the contract of this case were made in order to make it impossible to execute construction by PS-S construction due to a change of public law at the construction site, and thus, the above contract is unnecessary.