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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a legal entity established for the purpose of distributing, wholesale, and retailing fish, shellfish, and other marine organisms, such as electric uniforms, and the Defendant is a legal entity established for the purpose of export and import business, brokerage business, etc., and the incorporated legal entity C (hereinafter “C”) was established for the purpose of opening overseas markets, etc. of electric uniforms on October 26, 2015.
B. On June 14, 2018, the Plaintiff issued an electronic account statement stating that he/she supplied the Defendant with a uniform equivalent to KRW 119.8 million (hereinafter “instant account statement”).
C. On September 27, 2018, the Plaintiff received KRW 55.14 million from the Defendant, and received KRW 20 million from D on March 11, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1, 6, 12, Eul evidence 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff and the Defendant, as indicated in the instant invoice, concluded a contract on the supply of goods (hereinafter “instant contract on the supply of goods”) with respect to the total amount of KRW 4600 km equivalent to KRW 11,980,000,000,000, as stated in the instant invoice (hereinafter “Plaintiff’s purchase price of KRW 11,980,000,000). The Plaintiff, from September 27, 2018 to March 11, 2019, was liable to pay KRW 8,0250,000,000 from the Defendant, etc. (i.e., KRW 5,514,00,000,000 paid from the Defendant on September 27, 2018) to the Plaintiff (i.e., KRW 51,515,000,000,000,000 paid from March 11, 2019).
B) Even if the Defendant is not a party to the instant goods supply contract, the Defendant is responsible for him and would pay the Plaintiff money, and the Plaintiff is the People’s Republic of China through the Defendant (hereinafter “China”).
Since the goods are supplied to E as an importer, the defendant agrees to pay the goods.