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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a wholesaler of agricultural products with the trade name of D, and Defendant B was supplied with agricultural products from the Plaintiff as an intermediary wholesaler, and Defendant C is the representative director of Defendant B.
B. By June 12, 2019, the Plaintiff urged the repayment of the Defendant’s attempted money of KRW 157,279,500, and the Plaintiff and Defendant B Co., Ltd drafted a written confirmation as follows (hereinafter “instant written confirmation”). Around July 2019, the Plaintiff and Defendant B Co., Ltd drafted the following written confirmation (hereinafter “instant confirmation”).
Defendant B Co., Ltd., instead of paying the price of goods to the Plaintiff, set up a pledge on the right to collateral security, the amount of which is KRW 124,80,00,00, out of the amount of claims on the land in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, the E, F land, and ASEAN-si G land.
C. On July 9, 2019, the Plaintiff registered the establishment of a pledge right to collateral security with the amount of credit KRW 124,800,000 for the said real estate.
[Reasons for Recognition] Class A 1, 3, 8, 9, and Category B 1 through 3
2. The assertion and judgment
A. As the Plaintiff supplied agricultural products at the request of Defendant B Co., Ltd., Defendant B’s assertion, Defendant B Co., Ltd., paid the unpaid amount of goods and damages for delay. Defendant C, as the representative director of Defendant B Co., Ltd, supplied agricultural products from the Plaintiff without the intent to pay the price of goods, and thus, Defendant B is jointly and severally liable to compensate for damages due to illegal acts with Defendant B
B. According to the facts of the above recognition as to the claim against Defendant B, Defendant B Co., Ltd. is obligated to pay to the Plaintiff the unpaid amount of KRW 157,279,500 and damages for delay.
In this regard, Defendant B corporation asserted that the obligation to pay the unpaid goods was extinguished according to the letter of confirmation of this case, and therefore, according to the statement of No. 1 and No. 2, the Plaintiff’s health unit and No. 1, around July 2019.