1. Basic facts

A. On January 1, 2016, the Plaintiff supplied rice from the Defendant through Nonparty B and sold it. On January 13, 2016, the Plaintiff entered into an insurance contract with the Seoul Guarantee Insurance Company as the policyholder, the insured, the Defendant, the insurance amount of KRW 30 million, the insurance period from January 6, 2016 to January 5, 2017, with the insurance period of KRW 30,000,000, and issued the insurance policy and issued it to B, and the Plaintiff provided the said insurance policy again to the Defendant.

B. On January 14, 2016, the Defendant filed a claim against the Seoul Guarantee Insurance Co., Ltd. for the payment of insurance proceeds under the said guarantee insurance contract on November 9, 2016 on the ground that the Plaintiff did not pay the price for the goods, even though the Defendant supplied the rice equivalent to KRW 23,040,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, witness C's testimony, purport of whole pleadings

2. Summary of the parties' arguments

A. Although the Plaintiff asserted that the Defendant issued the surety insurance policy to the Defendant, the Plaintiff did not request the Defendant to supply rice, and there was no actual supply of rice from the Defendant.

Nevertheless, the Defendant asserts that he supplied rice to the Plaintiff and claimed the payment of the insurance money. Thus, the Plaintiff and the Defendant seek confirmation that there does not exist any goods payment obligations of KRW 23,040,000 based on the supply of rice on January 14, 2016.

B. Upon the Plaintiff’s request, the Defendant: (a) supplied the rice to the Plaintiff on January 14, 2016 (i) 14,400km x 720 g; (b) so, the Defendant is obligated to pay the Plaintiff the price of the goods 23,040,000 won and delay damages therefrom.

3. Determination

A. In addition to the purport of the entire pleadings in the descriptions of evidence Nos. 1, 4, and 5, the Plaintiff’s rice as of January 14, 2016.