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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the evidence evidence Nos. 1 and 2, the Plaintiff’s underlying fact that KRW 135,953,850 was remitted from the Plaintiff’s account to D account from July 7, 2017 to September 27, 2017; however, part of the remitted amount appears to be a transfer fee;
D Representations of D are recognized respectively by the facts of the defendant.
2. Summary of parties' arguments;
A. The Plaintiff’s assertion is that the Defendant, the representative of D, would receive consumer goods from the Defendant, and wired advance payment of KRW 135,953,850 to the Defendant’s account from July 7, 2017 to September 27, 2017.
However, the defendant does not provide all household goods despite receiving advance payments.
Therefore, the defendant should return advance payment of KRW 135,953,850 to the plaintiff.
B. The plaintiff is not the defendant but the non-party E.
The defendant is a state in which the defendant filed a criminal complaint of E even after this day.
Therefore, the plaintiff's claim is improper.
3. In order to recognize an advance payment agreement as asserted by the Plaintiff, it should be recognized that there was an agreement (in advance) between the Defendant and the Plaintiff to supply household goods to the Plaintiff and pay a certain amount in advance as the price thereof.
However, the following facts are acknowledged based on the aforementioned evidence, namely, ① the Plaintiff asserted that “the Plaintiff was unable to be supplied with goods after being supplied with goods after being supplied with goods normally for three months from May 7, 2017.” There is no evidence to find out whether the amount remitted by the Plaintiff was paid in advance or paid as the price for the previous goods. ② Of the tax invoices issued after July 2017, the amount of the tax invoice issued between D and the Plaintiff is approximately KRW 380 million, and the amount of the tax invoice issued after July 2017 exceeds that of the Plaintiff’s advance payment, ③ the amount remitted by the Plaintiff is up to KRW 22,684,850, and KRW 850.