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1. The plaintiff's main claim is dismissed.
2. The Defendant: (a) KRW 119,549,484 and the Defendant’s payment thereof on April 17, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff is a local agricultural cooperative established under the Agricultural Cooperatives Act, and the defendant is a corporation established for the purpose of processing, distributing, selling, etc. agricultural products.
B. (1) The Plaintiff entered into a credit transaction agreement between the Plaintiff and the Defendant in 2014, with the aim of increasing the performance of the Plaintiff’s external sales crisis, the Plaintiff purchased and sold agricultural products directly by a food material distributor without having made a direct transaction. Under the accounting account, the Plaintiff purchased agricultural products at the purchase price at the relevant distributor, but disposed of as if he again sold agricultural products again at the purchase price at the relevant distributor, and then made a transaction by way of direct settlement with the purchaser designated by the relevant distributor and the payment of the purchase price plus the commission. (2) The representative D and employees E of C Co., Ltd (hereinafter “C”) (hereinafter “C”) demanded the Plaintiff to pay the credit purchase price from the Plaintiff during the transaction of agricultural products with the Plaintiff, but it was difficult for the Plaintiff to pay the credit due to the aggravation of the company’s financial situation. As such, C’s auditF, with the Plaintiff, obtained the purchase price under the name of the Plaintiff to use the actual agricultural products under the name of the purchaser with the intention to purchase and submit the purchase price under the name of the Plaintiff.
3) On March 14, 2014, the Plaintiff entered into an agreement on credit transactions with the Defendant other than the F, with a limit of KRW 700 million (hereinafter “existing agreement”).
G. The defendant's credit payment obligation against the plaintiff was concluded on the same day.