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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Plaintiff A runs wholesale and retail business, such as scrap iron, with the trade name of “E,” and Plaintiff B runs wholesale and retail business, such as scrap iron, with the trade name of “F.”
Defendant C engages in wholesale business, such as scrap iron, with the trade name of “G,” and Defendant D engages in wholesale and retail business, such as removal business and construction materials, with the trade name of “H.”
B. On December 11, 2012, Defendant C entered into a sales contract with I Co., Ltd. (hereinafter “I”) to purchase KRW 743,200,000 (excluding value-added tax; hereinafter the same shall apply) of scrap metal 1,072 to be generated in the course of removing I Ulsan Factory.
C. On February 12, 2013, Plaintiff A entered into a sales contract with Defendant D on KRW 350,000 in advance for the purchase of scrap metal, waste electric wires, and work iron in the pertinent Ulsan Factory. At that time, Defendant D decided to succeed to KRW 150,000 in advance for the scrap metal deposited by Plaintiff A to two others.
Accordingly, on February 13, 2013, Plaintiff A paid KRW 200 million to Defendant D.
After that, on March 25, 2013, Plaintiff A additionally remitted KRW 50 million to Defendant D’s account. D.
Plaintiff
B On February 28, 2013, it concluded a sales contract with Defendant D to purchase 3,600 won per km land in the aforesaid Ulsan Factory.
In the above sales contract, it is stated that Defendant D received KRW 100 million from Plaintiff B.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, 4 through 9, 11, Eul evidence 1-1, and the purport of the whole pleadings
2. The plaintiffs' damages claim due to the plaintiffs' non-performance of obligation to defendant C
A. On December 8, 2012, Defendant C delegated the entirety of the power to sell scrap metal arising from the foregoing factory to Defendant D, and the Plaintiffs concluded a sales contract with Defendant D delegated by Defendant C on the said scrap metal.
However, the plaintiff A only part of scrap metal, waste cable, and work iron at the site of this case.