1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The Plaintiff is a company established on November 22, 201 for the purpose of producing and selling kimchi, and produces and supplies kimchi at a factory located in Ansan City.

The defendant is a company established on June 21, 2012 for the purpose of distributing, processing, selling, etc. agricultural products.

B. Around December 2014, the Defendant requested the Plaintiff to manufacture kimchi.

Since then, the plaintiff suffered difficulties in securing kimchi materials, the defendant supplied materials necessary for the creation of kimchi, such as distribution and dancing, to the plaintiff directly.

C. The Defendant supplied the Plaintiff by taking measurements at the measurement and certification establishment, which was supplied by farmers.

In the process, the measurement certification business entity has issued a certificate of measurement, and the specifications of transactions have been prepared between the original and the Defendant.

【Fact-finding without a dispute over the ground for recognition, entry in the evidence of subparagraphs 3 through 6 (including the provisional number), and the purport of the whole pleadings

2. The plaintiff's assertion

A. On February 2015, C, the Defendant’s actual operator, demanded advance payment for the supply of kimchi materials to the Plaintiff’s representative director D, and the Defendant demanded advance payment for the smooth supply of kimchi materials.

Accordingly, the Plaintiff paid the Defendant totaled KRW 668,472,080 from February 7, 2015 to September 16, 2015 on the premise of post-payment.

B. The reasons for concluding an advance sale contract with farmers for agricultural products are to secure agricultural products in advance at a price lower than the market price while giving advance payment to farmers in advance. It is unreasonable that the Defendant’s allocation and free price as claimed is higher than the average price of E agricultural and fishery products auction.

If the quantity claimed by the defendant is calculated at the average auction price of E agricultural and fishery products, the product price is 306,238,310 won in total.

Therefore, the Defendant’s aforementioned amount paid to the Plaintiff and the amount paid to the Plaintiff (=68,472,080 won - KRW 306,238,310), which is the difference between the amount paid to the Plaintiff and the amount paid to the Plaintiff (=68,472,080 won) and its corresponding amount.