1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a company that manufactured and sold parts of rolling stock within the D Industrial Complex in the East Sea, and Defendant B was a person who manufactured parts at the request of the Plaintiff with the trade name “E”.

B. On May 21, 2012, the Defendant: (a) entered into a transfer agreement with the Plaintiff on the acquisition of machinery, products, and office fixtures owned by the Plaintiff; and (b) paid the Plaintiff the remainder after deducting the unpaid personnel expenses and the expenses incurred in the operation of the factory from the Plaintiff’s claims KRW 240 million; and (c) entered into an operation agreement with the Defendant (hereinafter “instant transfer agreement”); and (d) operated the factory upon delivery of the factory buildings, machinery, etc. from the Plaintiff.

On the other hand, on May 26, 2012, the defendant and the plaintiff are "Furury" corporation, a business partner of the plaintiff.

Of the goods cost to be paid in 27.2 million won, 20 million won is used for the payment of electricity charges, the remainder of 7.2 million won is used at the expense, and 21st century is called 'the 21st century industry'.

and approximately KRW 120,000,000 for goods to be additionally received from the Commission shall be used in consultation with the Plaintiff.

“,” made an agreement with the content.

C. After the conclusion of the above contract, the Defendant received approximately KRW 149 million from the customer. Among them, even though the Defendant received approximately KRW 130 million from the former customer committee, the 21st century industry, and the Korea Railroad Corporation as credit payment, the Defendant did not use the said payment for the unpaid personnel expenses and expenses, but did not perform the agreement with the Plaintiff on the use thereof.

Accordingly, the plaintiff filed a lawsuit seeking the delivery of the building, etc. that was delivered to the above defendant according to the acquisition agreement while cancelling the above acquisition agreement and the operation agreement on the ground of the defendant's non-performance of contract by Gangseo branch court 2012Ga6796, and received a favorable judgment.