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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The parties' assertion
A. Plaintiff 1) The Plaintiff is engaged in the sales business among fishery products with the trade name of Plaintiff C. The Plaintiff sold the fishery products awarded by D Association from April 2, 2018 to September 29, 2019 to the Defendant, but the outstanding amount reaches KRW 86,672,00. [Specifically, around February 2018, the Defendant agreed to pay the Plaintiff a bid price plus 4% of the commission fees in addition to the bid price that the Defendant participated in the bid of fishery products with the serial number of Plaintiff E (spouse of Plaintiff) and the bid price that was awarded. The Plaintiff traded in the manner that the Plaintiff participated in the bid of fishery products with the serial number of Plaintiff and E (spouse of Plaintiff) after April 2, 2018.
[2] Around March 31, 2018, the Defendant loaned KRW 10,000,000 to the Defendant without a due date agreement, on the following grounds: (a) the Defendant had a debt to be repaid to F, a intermediary, who was previously traded; (b) the Defendant had a debt to be repaid; and (c) the Defendant had a debt to be repaid with the Plaintiff, a transaction with the Plaintiff
B. The Defendant, as the Defendant, committed a work to transport fishery products from F, a fishery products dealer, to H who operates a bio-scopon board in G market, and deposited fishery products into the Defendant’s account on behalf of H, which could not string the place. It was difficult to transfer the products to F.
In March 2018, the Plaintiff introduced the Plaintiff and H around March 2018. However, the Plaintiff was awarded a contract for fishery products with H by using his own heavy serial number, and paid 5% of the contract price to the bid price, and 1% of the contract price is the Defendant.
At the time, the plaintiff lent 10 million won to H due to the lack of the amount of fishery products that H had not been paid to F, the transaction partner.
Since April 2, 2018, the Defendant, instead of an auction house, transported fishery products awarded a successful bid after participating in a bid at an auction house in accordance with the direction of H, or upon the request of H, required fishery products during the funeral process, transported fishery products by winning a successful bid at an auction house on behalf of the Defendant, and H is under circumstances.