1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person operating automobile parts distribution business, and the Defendant is a company aiming at manufacturing and selling rubber products and resin products for automobile parts. On July 9, 2013, the Plaintiff and the Defendant are both creditors and the Defendant as a mortgagee, the Plaintiff is also the obligor who has created the right to collateral security, and the Plaintiff is also the obligor who has created the right to collateral security, with the maximum debt amount of KRW 90,000,000,000 as stated in the attached list owned by the Plaintiff, the

B. The outstanding amount that the Plaintiff is liable to pay to the Defendant according to the transactional relationship with the Plaintiff and the Defendant’s automobile parts is KRW 176,649,872 as of March 2015.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, 11, and evidence 3-1, 2]

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff asserts as follows as the cause of the instant claim.

The plaintiff received automobile parts from the defendant and delivered them to B. The plaintiff notified the defendant of the supply plan before entering into the supply contract with B. The defendant confirmed the delivery date and notified the plaintiff of the delivery date to the plaintiff, and the plaintiff did not comply with the above delivery date, but the plaintiff did not comply with the contract with B. Thus, the plaintiff suffered losses equivalent to the scheduled sales and operating profits. Specifically, the plaintiff's non-supply amount of 1,338,923,50 won for the plaintiff's non-payment amount of 201 and 2012. The damage amount of 159,69,250 won for the non-payment amount of 1,39,69,250 won for the non-payment amount of 290,90 million won for the discontinuance of the transaction with B.

As a damage claim against the Defendant, the Plaintiff offsets the Defendant’s outstanding claim against the Plaintiff from the amount equal to KRW 176,649,872, the Defendant’s obligation against the Plaintiff is nonexistent. Therefore, the Plaintiff confirmed the absence of such claim and claimed the cancellation of the registration of the establishment of a new mortgage.

B. Weld, the Defendant.