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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 30, 2014, B Co., Ltd. (hereinafter “B”) entered into a contract with the Defendant for the manufacture of synthetic resin (hereinafter “instant contract”) at KRW 108,00,000 (including value added tax) and KRW 289,30,000 (hereinafter “instant equipment”) and agreed that the ownership of the instant equipment will be owned by the Defendant prior to the payment in full.
The Defendant manufactured and installed the instant equipment pursuant to the instant contract, and B paid KRW 218,00,000 to the Defendant out of the above price under the instant contract, and did not pay the remainder of KRW 71,30,000 to the Defendant.
B. On November 25, 2014, the Plaintiff entered into a credit transaction agreement with B on a credit limit of KRW 200,000,000, and on November 25, 2018, and conducted a loan for small and medium enterprise facilities to B. The balance of the principal and interest of the loan as of December 26, 2016 is KRW 160,314,345.
B, after August 26, 2016, due to the delinquency in the repayment of principal and interest to the Plaintiff, lost the benefit of the time limit for the said loan pursuant to Article 7(2) of the Framework Act on Credit Transactions incorporated into a credit transaction agreement.
C. On October 14, 2016, the Defendant sent to the Plaintiff a written notification stating that “The Defendant concluded and established a contract with B on the instant equipment acquired by the Plaintiff as the object of security for transfer, and that B did not pay KRW 71,300,000 out of the price, thereby taking civil criminal procedures, and the Plaintiff and the Defendant agreed to resolve the situation between the Plaintiff and the Defendant, but there is a difference in opinions. The instant equipment is currently subject to sale in the ownership ownership register, and if a third party claims for the bona fide acquisition by transferring its ownership and possession to a third party by taking the procedure for the realization of the instant equipment, the Defendant may incur damage that could not exercise the ownership of the instant equipment if the third party claims for the bona fide acquisition.”
. At present;