1. The plaintiff's claim is dismissed.

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

Basic Facts

A. On November 19, 2014, the Plaintiff entered into the following contract with the Defendant:

(hereinafter “instant transfer contract”). (1) The Plaintiff transferred the right to lease a factory located in Chungcheongnam-gun, Chungcheongnam-gun, the Plaintiff leased to the Defendant (a security deposit of 35 million won) and all of the equipment in the said factory (a half set of 2 sets, presses, 9 sets, 1 for an outdoor house-raising machine, 2 for an external house-raising machine, 2 for a car-raising machine, 2 for a car-raising machine, etc.; hereinafter “instant machinery”).

(2) The total acquisition amount shall be 250 million won, and the intermediate payment shall be 40 million won on October 23, 2014; the intermediate payment of 80 million won on December 14, 2014; and the remainder of 130 million won on March 31, 2015.

3) The date of the receipt of a factory and the delivery of equipment is at the time of the intermediate payment. B. The Defendant paid 40 million won to the Plaintiff on the date of the contract, but the intermediate payment was not paid by December 31, 2014, as well as the date of the intermediate payment. (C) The Plaintiff and the Defendant concluded a contract with D on January 9, 2015 (Provided, That D entered into a contract under the name of E, one’s own wife.)

The transfer security agreement of this case (hereinafter referred to as “instant transfer security agreement”).

(1) The Plaintiff and the Defendant transferred the instant machinery to D in the cost of KRW 100 million (the evidence No. 3 stated that the lease right of the instant factory was also subject to transfer, but in fact, only the instant machinery was subject to transfer), and D transfers the said KRW 100 million to the account under the name of the Defendant, i.e., the contract.

2. If the Plaintiff and the Defendant returned KRW 100 million to D by March 31, 2015, the contract becomes null and void, and if not, the Plaintiff and the Defendant deliver the instant machinery to D on April 1, 2015.

D transferred KRW 100 million to the Defendant’s account by January 12, 2015 according to the instant transfer security agreement.

On January 13, 2015 and the 14th day of the same month, the Defendant remitted total of KRW 70 million to the Plaintiff’s account for both days.

E. The Plaintiff and the Defendant failed to pay KRW 100 million until March 31, 2015, D is April 2015.