A. The Han-hee opened a new marina (hereinafter “instant marina”) with the trade name “B” to the Nam-gu Incheon, Nam-gu, Incheon, around October 2016, while operating the marina, such as DMa, EMa, Fma, and Gma in the area of Incheon.

The defendant company is a company established on June 9, 2016 for the purpose of operating the set.

B. From around 2012 to Dart, from around 2015, the Plaintiff supplied eggs to Emart, and from November 8, 2016, the Plaintiff supplied eggs to Empt in the name of H farming association (hereinafter “instant corporation”) in which the Plaintiff had been responsible for the representative director.

C. Around August 12, 2017, the Defendant notified the Plaintiff of the suspension of the disrupt supply of the instant Mart and the instant two Mart, thereby the transaction of the Plaintiff and the instant corporation Mart was completed.

On November 2017, the instant corporation transferred to the Plaintiff, “The Defendant demanded the supply price of the disturbance at a low-price by taking advantage of its transactional position from November 13, 2016 to August 12, 2017, and notified the Defendant of the transfer of claim (the transfer price of claim KRW 71,573,400).”

E. The Plaintiff provided support to the Defendant for an amount equivalent to KRW 30,00,000 (hereinafter “the instant money”) out of the supply amount to be received from the Defendant, on condition that the Plaintiff supplied the eggs to the instant marina, and implemented it.

The defendant returned the above amount to the plaintiff around October 11, 2017.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 4, 5, 18, Eul evidence No. 1, Eul evidence No. 1, the result of the plaintiff himself examination conducted by the court of first instance, part of witness I of the court of first instance, and the purport of whole pleadings

2. Summary of the parties' arguments

A. The Defendant’s tort liability established against the Plaintiff 1’s tort is to supply the Plaintiff the eggs necessary for the opening of the instant marina, etc. to the Plaintiff at a low price, and to support the instant money.