물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff supplied the clothing to the Defendant. Around September 22, 2015, the Plaintiff and the Defendant settled the entire transaction amount of KRW 982,711,00, and the unpaid amount of KRW 243,70,000, respectively, and prepared a written agreement as described in the separate agreement.
B. After October 12, 2015, the Plaintiff and the Defendant settled the final amount payable at KRW 120,000,000 through the return of and re-consultations on additional goods. On October 13, 2015, C prepared a payment note, such as the statement of payment in the attached Form, on the joint page of the Plaintiff’s representative D, the Defendant’s representative E, and other F.
C. On October 2015 and November 11, 2015, C paid KRW 30,000,000 out of the price of the goods to the Plaintiff.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 4, witness C's testimony, purport of the whole pleadings
2. Determination
A. The summary of the plaintiff's assertion 1) The plaintiff merely received 30,000,000 won out of 120,000,000 won of the goods as seen earlier, and C merely assumes the obligation to pay the plaintiff the balance of the goods as well as the damages for delay. The defendant is obligated to pay the plaintiff 90,000,000 won in the balance of the goods as seen earlier. 2) Since C is exempted from the obligation to pay the said goods, the plaintiff's assertion is without merit.
B. In light of the overall circumstances acknowledged when the descriptions of subparagraph 4-2 and 3 are added to the evidentiary materials mentioned above, such as the form and content of the language and text mentioned in Articles 5 and 6 of the present Convention, the developments leading up to the preparation of a memorandum of payment by C, and the contents stated by D in a criminal case filed by E through interference with business operations, etc., the Plaintiff and the Defendant agreed that one of G, H and C shall be exempted from the obligation to pay the unpaid goods at the time of the preparation of the present agreement, and thereafter between the Plaintiff, the Defendant, and the third parties.