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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 26, 2017, the Plaintiff entered into a contract for supply and guarantee insurance and a trading agreement with the Defendant, the main content of which is the Plaintiff’s supply of fish and payment of the price from the Defendant.
In order to guarantee the obligation to pay the purchase price to the Defendant, the Plaintiff entered into a performance guarantee insurance contract with C Co., Ltd. (hereinafter “C”), setting the insured amount as KRW 80,00,000 as the Defendant and the purchase price as KRW 80,00.
B. The Plaintiff supplied long-term fish with three times as listed below was supplied by the Defendant. The Plaintiff supplied long-term fish.
(1) On June 26, 2017, the supply unit price (won) supplied on the date of the supply order (hereinafter “the supply unit price”) is KRW 38,400/km 24,800/km 24,800/km 160,003 on June 28, 2017; hereinafter referred to as “the next transaction”). The supply unit price of the supplied unit on the date of the supply order (cost) is KRW 83,784,00 on the aggregate of the supply prices of KRW 83,784,00 on the July 1, 2017, 2003:
C. Around July 8, 2017, the Defendant filed a claim for insurance proceeds with the Plaintiff in C.
A claim was made to pay KRW 80,000,000 of insurance money on the ground of the occurrence of an insured incident that does not pay the price for the long-term fishing supplied as described in the paragraph.
【Reason for Recognition】 Each entry of evidence Nos. 1 through 5, and the purport of the whole pleadings
2. The plaintiff's assertion
A. The price for the goods to be paid by the Plaintiff to the Defendant in connection with the first or third transaction is KRW 59,539,200 (=83,784,000) - KRW 17,400,000 - KRW 6,844,800).
1) There is a defect that the length of the goods supplied in the first transaction significantly falls in quality, and the Plaintiff treated 450km without selling it, and the remainder of 1,050km supplied from the Defendant with 25,600 won, but was not allowed to sell 20,000 won. Accordingly, the Plaintiff sold 11,520,000 won amounting to the supply price of 450km (=450km x 25,600 x 25,600 g) and 1,050 g at a lower price than 25,600 (=25,600 - 20,000).