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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant, under the trade name of “D”, has provided good offices for sale and purchase of agricultural machinery to farmers who wish to purchase agricultural machinery.
B. On August 9, 2013, the Defendant filed a lawsuit seeking payment of KRW 3,519,740, excluding KRW 2,000,00,000 and KRW 2,519,740,000, which the Defendant lent to the Plaintiff at the time of the Plaintiff’s purchase of the Track Track (hereinafter “instant Track Track”) around April 2010. On August 19, 2013, the Defendant filed a lawsuit seeking payment of KRW 3,519,740, excluding KRW 2,519,740, which the Plaintiff received from the Plaintiff. On August 19, 2013, “the Plaintiff paid to the Defendant 3,519,740, and 200% annually from the day following the date of delivery of a copy of the complaint,” the Defendant made a final decision of performance recommendation (hereinafter “the instant performance recommendation”).
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 3, and the purport of whole pleading
2. The assertion and judgment
A. On April 28, 2010, the Plaintiff purchased the instant fleet from the Defendant and received it in KRW 5,000,000, and paid KRW 3,000,000 out of the above purchase price to the Defendant, and paid the remainder of KRW 2,00,000 to the Defendant, and paid the purchase price in full. In addition, the Plaintiff did not request the Defendant to repair the instant fleet. Accordingly, there is no claim against the Plaintiff under the instant decision on performance recommendation. Accordingly, compulsory execution based on the instant decision on performance recommendation should be rejected. (2) The Defendant requested on April 28, 2010, upon receiving a request from the Plaintiff to arrange for the sales of the instant fleet, and on April 28, 2010, the Plaintiff purchased KRW 6,00,000 from the sale price, and the Plaintiff purchased KRW 300,00,000,000 at the time of the purchase price.