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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 24, 2012, the Defendant had experienced financial difficulties while running a business of constructing and operating solar power plants (hereinafter referred to as the “instant power plant”) on the enzympane of Jinju-si, and concluded a lease agreement with the Defendant on May 24, 2012, stating that ① the Defendant transferred the instant power plant (including a business license) to a high-level energy; ② the Defendant completed the instant power plant at its own expense for twenty (20) years, and operate the instant power plant for twenty (20) years, and ④ the instant site for the power plant (hereinafter referred to as the “instant site”) is leased from the Defendant during the instant business period, while rent is set at KRW 25 million (excluding value-added tax) annually (hereinafter referred to as the “instant lease agreement”).
B. The Plaintiff, as the creditor of the judgment amount on the amount of energy (Jansan District Court 2014Da66747), received the claim attachment and collection order (2014TTTT 19134) on January 21, 2015 from the debtor, the Defendant as the third debtor, and the above decision was served on the Defendant around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 19, 20, and the purport of the whole pleadings
2. The plaintiff asserted that the defendant did not pay the construction cost of the access road to the site of this case to the maximum energy, and therefore, the defendant is obligated to pay the above construction cost to the plaintiff who is the collection right holder. Thus, according to the above, at the time of the lease contract of this case, the defendant and the limited energy agreed to complete the instant power plant at the cost of sufficient energy. The contract does not expressly provide that the access road to the site of this case should be established at the cost of the defendant, and there is no separate special agreement on the access road of this case.