물품대금
1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.
1. Facts of recognition;
A. On April 25, 2011, G established a defendant corporation for the purpose of running business, such as production, sale, etc. of capital reduction, and appointed as its representative director on May 18, 201, G resigned from the representative director on May 18, 2015, and on June 2, 2015, G established the Plaintiff corporation for the purpose of agricultural management, incidental business, etc. and was appointed as its representative director.
B. On December 19, 2014, G concluded a sales contract on behalf of the Defendant Corporation with Hyundai Seosan farm Co., Ltd. (hereinafter “Mosan farm”) to provide capital from an individual farmer during the period from December 12, 2014 to July 20, 2015 and supply it to Hyundai Seosan farm (hereinafter “instant sales contract”).
C. Between May and June 2015, the Defendant corporation agreed to perform the duties under the instant sales contract as it was, but instead, to pay to the Plaintiff corporation established by G the total amount of capital reduction sales proceeds that the Defendant corporation would receive from Hyundai Seosan farm (hereinafter “instant agreement”).
G and the representative director C of the Defendant Corporation, on June 15, 2015, entered into “a transaction by changing the account from an existing Defendant Corporation (representative C) to a new Plaintiff Corporation (representative G)” (a statement that the Defendant Corporation changes the name of the account holder to be used to transfer the remaining money after deducting the commission from the sales amount received from the Hyundai Seosan farm to the Plaintiff Incorporated) and confirmed that it consented to the change of the said account from the farmers who supplied the capital to the Defendant Corporation.
E. Meanwhile, on July 20, 2015, the director or auditor of the Defendant Corporation or the co-defendant C, D, E, and F of the first instance trial prepared a payment guarantee memorandum containing the following contents on the Plaintiff Corporation (hereinafter “instant letter”).