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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. The Plaintiff’s main business is a company that imports freezing meat, such as freezing, produced by US C company or Canadian D company, etc. after receiving orders from the selling company of domestic imported frozen meat, and supplies it, and receives fees therefor.
B. From January 2014, the Defendant issued an order to the Plaintiff from around January 201 to determine the quantity, unit price, fees, etc. of the imported frozen meat produced by Canadian D Co., Ltd. to the Plaintiff. If the Plaintiff imports the ordered frozen meat, the Defendant, after passing through quarantine, has traded imported goods with the content that the Defendant takes over the ordered quantity of frozen meat and pays the price for the goods.
[Ground of recognition] Facts without dispute, Gap evidence 7-1 to 3, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) around December 10, 2014, the Defendant requested the Plaintiff to purchase freezing 17 tons of the freezing 17 produced by Canada D Company on December 12, 2014 to purchase USD 4.8 per kilogramg. The Plaintiff’s response to the Plaintiff. The Plaintiff and the Defendant entered into a contract for goods supply that the Defendant would accept the goods after the Defendant passes through the quarantine inspection and pay for the goods (including commission).
In accordance with the above contract, the Plaintiff imported freezing as ordered by the Defendant on December 17, 2014, and demanded the Defendant to keep it in the Plaintiff’s freezing warehouse on February 12, 2015, and to accept it to the Defendant, but the Defendant did not accept it.
The Plaintiff imported 270A, 8,493.14kg of the said freezings in KRW 54,827,843 of the import price, but disposed of in KRW 40,268,980 on February 12, 2015, thereby causing damage of KRW 14,540,863 of the said KRW 14,540,863 of the import price. The Plaintiff imported freezings 129A, 8,500.80 kilograms from KRW 5,241,289 of the import price, but disposed of in KRW 40,639,734 of the said KRW 14,639,587 of the said price, and subsequently, disposed of in KRW 29,180,587 of the said price.