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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 April 18, 2016, the Plaintiff, a company established for the purpose of livestock product processing business, etc., and engaged in livestock products-related business under the name of “C,” entered into a contract for the supply of raw milk, etc., which the Plaintiff supplied to D, and D, within five days from the delivery date, shall pay the Plaintiff the price for goods, such as raw milk, slaughter fees, inspection fees, grading expenses, etc., and the contract period shall be from April 18, 2016 to April 17, 2017, and the goods supply contract with the content that the contract period shall be automatically extended for one year under mutual agreement when there is no change in contractual terms and the transaction will continue (hereinafter “instant supply contract”).
B. On April 18, 2016, D entered into a guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with the Defendant, setting the period from April 18, 2016 to April 17, 2017, as follows: (a) as between April 18, 2016 and the Defendant, the Defendant entered into a guarantee insurance contract with the Plaintiff to compensate the Plaintiff for damages by failing to perform the obligation owed to the Plaintiff within the due date among the credit payment obligations under the instant supply contract against the Plaintiff, or within 90 days from the day following the expiration date of the insurance period (hereinafter “the instant guarantee insurance contract”); and (b) obtained the guarantee insurance policy from the Defendant to deliver the Plaintiff.
C. According to the instant supply contract, the Plaintiff supplied D with raw money from April 18, 2016 to April 24, 2017, and from May 17, 2017 to June 9, 2017, and received the price of goods from D until August 21, 2017.
D’s credit payment obligation to the Plaintiff under the instant supply contract is KRW 915,454,190 as of April 17, 2017, as of April 17, 2017, KRW 910,898,370 as of April 25, 2017, KRW 610,898,370 as of May 16, 2017, KRW 589,08,982 as of August 21, 2017, KRW 589,08,982 as of August 21, 2017, and KRW 589,08,982 as of the price of the goods was not paid to the Plaintiff.
E. Meanwhile, D on May 17, 2017, and D on May 16, 2017, KRW 610,898,370, out of the price of goods as of May 16, 2017.