양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. On June 23, 2010, B Co., Ltd. (hereinafter “Nonindicted Company”) entered into a product transaction agreement with the Defendant and the subcontractor to be supplied with products such as clothing, etc. from the Defendant and sell them at a place agreed upon by both parties (hereinafter “instant transaction agreement”).
In the contract of this case, if the defendant supplies the non-party company with the products such as clothing, etc. (if the defendant supplies the products to the non-party company after receiving them from the sub-party company), the non-party company supplied them to the customer and decided to deposit in full the defendant's fee (20% of the cost of production in the case of large tendering such as group uniforms) and the cost of production on the following day after receiving the payment from the customer. The non-party company provided 50,000 won in cash as security for all obligations that can be borne by the defendant in relation to the contract of this case.
Around that time, Nonparty Company paid 50,000,000 won in cash to the Defendant as security and sold the Defendant’s product according to the instant contract agreement.
B. On the other hand, on June 26, 2013, the Defendant supplied the Defendant’s product to Hyundai Motor Mutual Aid Association as a broker by Nonparty Company, and paid KRW 102,895,200 to Nonparty Company as sales commission for brokerage.
(hereinafter the above 102,895,200 won business fee claim against the defendant of the non-party company (hereinafter the "claim of this case").
On March 19, 2016, the non-party company transferred the instant claim to the Plaintiff, a director of the non-party company, and sent the notice of transfer of the instant claim to the Defendant on June 2, 2016, and around that time, the notice was delivered to the Defendant.
As seen below, the non-party company received from the defendant a claim against the two stock companies as to the claim of this case (hereinafter referred to as "diversity"), and until now, 11,250.