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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 engaged in wholesale and retail business of sports goods with the trade name of “E store” in Young-gu Seoul Metropolitan Government D.
Defendant B was engaged in the activities of the F Co., Ltd. in the position of “F” (hereinafter referred to as “F”), but was not registered as the representative director.
Defendant C was registered as the representative director of H Co., Ltd. (hereinafter “H”).
In the name of Defendant B, the name of Defendant B is indicated as “I Company and G Company Presson B,” and the name of Defendant C is written as “J representative C.”
B. The Plaintiff entered into a contract with H during the period from May to June 2014. The content of the contract was that the Plaintiff intended to supply H with its inventory 38,866,90 won (including additional tax), an inventory 406,728,000 won (including additional tax) for the sports clothes and shoes in an amount equivalent to KRW 38,866,90, to H respectively.
(hereinafter “instant First Contract”). The Plaintiff supplied all the said goods, and received total of KRW 79,528,224 from H on July 10, 2014, and October 10, 2014.
C. Around July 2014, the Plaintiff met Defendant B with the introduction of Defendant C. The Plaintiff entered into a goods supply contract with Defendant B, which was substantially operated by Defendant B, on October 2014.
The content was that the Plaintiff supplied F with sports clothes and shoess worth KRW 1,120,041,00 to F, and the price was to be paid immediately at the time of completion of the inspection of goods.
(hereinafter “instant secondary contract”). On July 7, 2014, the Plaintiff supplied all the said goods, and was paid KRW 100,000,000 out of the said goods on October 8, 2014 from F.
H around November 2014, around F and/or around November 2014 agreed that H shall take over goods equivalent to the amount of the unpaid goods out of the subject matter of the instant contract No. 2 from H, and H shall pay directly to the Plaintiff the balance of the goods under the instant contract No. 2.
(e).