1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 2012, the Defendant leased a parcel outside Daejeon-gu, Daejeon-gu and one other, and installed and operated an automatic washing facility on the said parcel of land (hereinafter “the Third Deputy Commissioner”).

B. On May 19, 2014, the Plaintiff and the Defendant concluded a contract with the content that the Plaintiff will transfer or acquire the instant third party’s transfer price at KRW 15 million (hereinafter “instant contract”).

C. The Plaintiff paid 15 million won to the Defendant the above transfer price, and received the Three Deputy Director of the instant case, and entered into a lease agreement with D, the owner of the said land, setting the lease deposit as KRW 20 million.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. (1) Although the Defendant installed the instant facilities using used goods, the Defendant concluded the instant contract by deceiving the Plaintiff that the Defendant installed a new product with KRW 140 million prior to January 1, 200, in spite of the installation of the instant facilities by using used goods.

(2) Since the installation cost of the instant Deputy Director was KRW 76 million, the acquisition price to be actually paid by the Plaintiff in consideration of depreciation is KRW 57 million.

(3) Therefore, the Defendant is obligated to pay to the Plaintiff KRW 48 million remaining after deducting the acquisition price of KRW 1.5 million from the acquisition price of the Plaintiff at KRW 1.5 million, and KRW 2,080,000 as the replacement cost of parts, such as the compact presses, and the compact presses, for the primary reason of nonperformance, KRW 50,80,000,000 as the primary reason of tort or unjust enrichment.

B. Although the written evidence Nos. 2-1, 5-1, 6-1, 5-1, and 6 and the testimony of witness E are not sufficient to recognize that the Defendant was unaware of the Plaintiff that he was installed as a new product by bringing KRW 140 million prior to June of the year, even though the Defendant installed the instant facilities as used goods, it is insufficient to acknowledge that he was guilty of being installed as a new product by bringing KRW 140 million.