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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts can be acknowledged in full view of the following facts: Gap evidence 1-2, Gap evidence 2-1-5, Gap evidence 3-1-5, Gap evidence 4-1-5, Eul evidence 5-1-2, Eul evidence 1-2, 3-3, Eul evidence 2-3, and witness evidence; and the purport of the whole pleadings as a whole.
Plaintiff
B, from March 1, 2007, after completing business registration with the trade name “E”, and on April 26, 2018, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) was established with the name of Plaintiff B as the representative of Plaintiff B for the purpose of the business of bioa, B, pharmaceutical food ingredients, and industrial raw materials manufacturing business.
B. On April 26, 2018, the Defendant completed business registration with the trade name of “F,” and entered into a contract for the supply of goods (hereinafter “instant contract for supply”) with the Plaintiff B, with the content that the Plaintiff imported 50 tons of PC 20 tons from the “PC 60 tons” (hereinafter “instant product”) and deliver them to the Defendant within 77,000,000 won (including value-added tax) within 60 days from the date of the contract.
C. At the time of the instant supply contract, the Defendant, on April 27, 2018, remitted KRW 38,500,000 to Plaintiff B on the condition of settlement, and the Plaintiff B entered into a performance guarantee insurance contract with G Co., Ltd. (the purchase amount of KRW 38,50,000) in order to guarantee the return of advance payment to the Defendant, and submitted the relevant securities to the Defendant.
C. On May 3, 2018, the Defendant entered into a contract with Plaintiff B to import 50 tons of the instant product and deliver it to the Defendant (including value-added tax) within 77,00,000 won (hereinafter “instant supply contract”) within 60 days from the date of the contract. On May 4, 2018, the Defendant entered into a contract with Plaintiff B to deliver it to the Defendant (hereinafter “instant supply contract”). 38,50,000 won to the Plaintiff on May 4, 2018 under the settlement terms.