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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff supplied the Defendant with agricultural products equivalent to KRW 75,428,600 from December 2, 2014 to March 5, 2015. 2) The Defendant paid KRW 44,500,000 to the agricultural products supplied during the transaction period.
[Reasons for Recognition] Facts without dispute, entry of Gap 1, 2 and 5 evidence (including each number), the purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay 30,928,600 won for the unpaid goods (=75,428,600 won - 44,500,000 won - 44,500,000 won (hereinafter “instant outstanding amount”) and damages for delay, barring special circumstances, to the Plaintiff.
2. The defendant's defense is defense that the plaintiff transferred the outstanding claim of this case to a third party.
According to the overall purport of evidence No. 6, Eul evidence No. 2, and witness Eul's testimony and arguments, the plaintiff employed a large number of enterprises engaged in agricultural products distribution brokerage business at the agricultural products wholesale market as the head of the General Headquarters for Purchase and Sale, and engaged in the wholesale and retail supply business of agricultural products through the customer, and also supplied agricultural products to the defendant. The plaintiff terminated the employment relationship with C on March 6, 2015, and entered into a contract with C on the acquisition of the obligation with C and the transfer of the sales claim that occurred from the companies that have traded as a broker, and the settlement of accounts between C and C is completed. The list of the obligation subject to the transfer of the above contract on the transfer and takeover of the obligation falls short of the amount of the outstanding claim as stated in the list of the obligation included in the outstanding claim No. 29,49,600 won. However, in light of the circumstances and purport of the contract, in light of the above simple calculation or clerical error, the whole amount of the outstanding claim in this case is transferred to C.