1. The plaintiff's claims against the defendants are all dismissed.

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

1. The plaintiff's assertion

A. The Plaintiff purchased scrap metal from the F’s workplace representing E, such as scrap metal, at the F’s workplace, and traded it by means of purchasing scrap metal after being provided with the machines listed in the separate sheet (hereinafter “instant machines”) as security for transfer, and paying the advance corresponding to the market price of the instant machines to E.

B. Defendant C is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Company”), and Defendant D is an employee of the Defendant Company in charge of sales and purchase of the instant machinery.

C. Although E and the Defendants conspired to sell the instant machinery from the Defendant Company in real amounting to KRW 153,00,000,000, in order to secure advance payment by deceiving its value and raising collateral value, they prepared a sales contract with a false statement on the purchase price of KRW 253,00,000, and displayed it to the Plaintiff. The Plaintiff provided that the value of the instant machinery is KRW 253,000,000 in accordance with the said sales contract, and paid KRW 265,00,000 in total to E.

The Plaintiff paid a total of KRW 265,00,000 to E as advance payment for the said unlawful act by the Defendants, but failed to receive KRW 199,048,340 among them. If the said money deducts KRW 153,00,000, which is the actual value of the instant machinery, from the said money, the Plaintiff ultimately suffered damages equivalent to KRW 46,048,340 (=199,048,340 - 153,00,000).

E. The Plaintiff suffered damages equivalent to KRW 46,048,340 due to joint tort committed by the Defendants, and thus, sought compensation for the said damages from the Defendants.

2. Determination

A. In concluding a contract to sell the instant machinery to E, the Defendant Company set the sales amount of KRW 153,00,000 (excluding value-added tax). As to the above sales contract, in addition to the sales contract stating the sales amount of KRW 153,00,000 at E’s request, the Defendants made a sales contract stating the sales amount of KRW 230,000,000 (excluding value-added tax) separately.