1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff, a juristic person engaged in the boiler manufacturing business and the sales business, etc., manufactured and supplied various valves products to B companies engaged in boiler manufacturing and parts manufacturing business (hereinafter “non-party companies”).

On September 17, 2015, the transaction was suspended due to the default of bills. At the time, the price of the goods that the non-party company did not pay to the Plaintiff was KRW 582,641,700 in total.

B. On October 5, 2015, the Plaintiff acquired a claim for construction price payment from the Korea District Heating Corporation and received reimbursement of KRW 28,226,00 and KRW 107,496,226 on two occasions by December 30 of the same year.

In addition, on November 20, 2015, the Plaintiff received additional KRW 89,96,183 on the basis of the Korea Credit Guarantee Fund's guarantee insurance for sales claims, and thereby, the Plaintiff's claim for the purchase price of goods became 356,923,291 won.

C. On September 18, 2015, the Plaintiff prepared a payment memorandum between the Nonparty Company and the non-party company, etc. stating that “the non-party company loses its ability to pay due to the final default on September 16, 2015, and the Plaintiff would pay KRW 50 million to the Chairperson A by September 25, 2015” (hereinafter “each of the instant notes”).

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 through 9 (including each number in case of additional evidence) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendant, the chairman of the non-party company, the actual manager of which is the Plaintiff’s assertion, prepared the instant written statement and agreed to pay KRW 50 million to the Plaintiff by September 25, 2015, out of the amount of goods unpaid by the non-party company to the Plaintiff.

Nevertheless, the defendant does not perform the above obligations at all, and thus, the defendant claims the payment by the lawsuit of this case.

B. Determination of this case is the chief commissioner.