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1. The defendant is from the plaintiff 45,043,203 won and from December 1, 2017 to the completion date of delivery of each movable set forth in the separate sheet 2.
Reasons
1. Basic facts
A. The Plaintiff is a juristic person established for banking business, trust business, etc. pursuant to the Banking Act, and the Defendant is a juristic person established for the purpose of bonded warehouse business, etc., and an independent party intervenor (hereinafter “participating”) is a juristic person established for the purpose of credit specialization business as provided by the Specialized Credit Finance Business Act.
B. A is a representative director of “C” (hereinafter “C”) who operates a personal business entity under the trade name of “B” and engages in the import, export, and import, etc. of fishery products.
C. C entered into an import agency contract with A to import fishery products for the purpose of importing fishery products as an import agent. D.
On May 2014, A entered into an import agency contract under the foregoing agreement with China’s fishery products exporter, “ZEJG SHEG SESG CO.” (hereinafter “exporter”) on the following grounds: (a) fishery products listed in attached Table 1 (hereinafter “instant fishery products”) such as freezing, spawn, spawn materials, and spawned fish, etc. (hereinafter “the instant import contract”).
E. On August 25, 2014, A entered into a credit transaction agreement between the Plaintiff on credit transaction with the amount of USD 300,000 as credit limit, on August 26, 2015, which stipulates that the credit limit amount of the said credit transaction agreement shall be increased to USD 500,000, and on November 3, 2015, the said credit transaction agreement shall be adjusted to USD 1,200,00, respectively.
(f) In addition, A each of the instant credit transaction agreements and additional foreign exchange transaction agreements with the Plaintiff on August 25, 2014 for the establishment of the credit and the transfer of foreign exchange to exporters, and on December 4, 2014, additional foreign exchange transaction credit agreements between the Plaintiff.