A. On December 2, 2017, the Plaintiff sold C 100t of raw materials of microbial fertilizers for export in Mabbwa (hereinafter “instant raw materials”) to the Defendant for KRW 500 million. After that, the Plaintiff agreed to reduce the amount to KRW 250 million upon the Defendant’s request for reduction.

However, the defendant is paying only KRW 50,420,00 among the goods price.

Accordingly, the defendant is seeking to pay the remainder amount of KRW 19,9580,000 and damages for delay.

B. The sales of the instant goods are substantially traded between the Plaintiff and the Plaintiff Company D (hereinafter “D”), and the goods entered into the middle transaction to be settled for the purchase cost of raw materials leased to the Plaintiff.

Accordingly, the Plaintiff and the Defendant and D agreed to pay to the Plaintiff the price for the goods within the limit of KRW 200 million, when they issued a tax invoice to purchase the instant raw material in KRW 290 million to the Defendant, and upon receiving the price for the goods from D, they agreed to pay the price for the goods within the limit of KRW 200 million.

Therefore, the defendant is obligated to receive KRW 290 million from the plaintiff, but it is only obligated to pay KRW 200 million among them. Since the defendant did not receive the payment from D, it is not obligated to respond to the plaintiff's claim.

2. Determination

A. The defendant's obligation to pay goods to the plaintiff and the amount of such obligation are that the defendant bears the obligation to pay goods to the plaintiff in relation to the transaction of the raw materials of this case, but the plaintiff asserts that the amount of the goods is KRW 200 million without dispute. However, the plaintiff agreed with the defendant to pay the goods amounting to KRW 250 million.

In accordance with the plaintiff's assertion, No. 5, which seems to be consistent with the plaintiff's assertion that the plaintiff agreed on the price of the goods for the raw material of this case at KRW 250 million.