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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. The gist of the Plaintiff’s assertion: (a) around June through July 7, 2011, even if the Plaintiff did not have the intent or ability to settle the import price even after importing fishery products from China; (b) by deceiving the Plaintiff to the effect that the Plaintiff would pay the import price if he/she is an agent for the income from China in the name of E operated by the Plaintiff, as well as the payment of agency fees to the Plaintiff; and (c) thereby, he/she had the Plaintiff receive a balance equivalent to KRW 876,120,876, in total from the Korea-China Limited Liability Company (hereinafter “Small Company”).
After all, the Defendants borrowed the above 919,000,000 won (=249,000,0000,0000 won) as collateral from the village Saemaul Cooperative and used it for the settlement of credit, etc. opened for the import of the above 210,000 won, but did not repay the total of 643,397,000 won out of the above loans.
Accordingly, the Plaintiff sold the goods stored in the freezing warehouse and repaid the outstanding loans of KRW 643,397,00,000. However, since the Plaintiff suffered losses from the non-party company’s liability for the amount of deposit worth worth KRW 876,120,876, the Defendants are liable for tort or nonperformance. Accordingly, the Defendants are jointly and severally liable to pay the above KRW 876,120,876 to the Plaintiff.
In addition, the above loans and the purchase-price obligations are the obligations owed by the Plaintiff for the Defendants upon the request of the Defendants even though they are not their own obligations, such as the obligations of the trustee guarantor. Therefore, the Plaintiff is entitled to exercise the prior right of reimbursement against the Defendants. In doing so, the Defendants are jointly and severally liable to pay the Plaintiff the compensation amount equivalent to the above KRW 876,120,876.
2. In determining the cause of the claim, first of all, the Defendants are liable for tort against the Defendants. The health belt and each evidence submitted by the Plaintiff alone are alone.