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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. 1) C is the father of D (E) and D is the business operator registered in relation to the wholesale and retail business of rice and miscellaneous grains with the trade name “F” on May 9, 2015. 2) On December 21, 2018, the Plaintiff changed from a stock company to the current trade name, which is an agricultural company, (i.e., the changed trade name before the change: G and hereinafter referred to as “Plaintiff”) to the company established for the purpose of producing, distributing, processing, selling agricultural products.
B. A transactional relationship between C and the Plaintiff (hereinafter “instant trade agreement”) between C and C on December 2017, 2017, upon the Plaintiff’s burden of purchasing the purchase fund, C purchased rice and resell it, processed from “F,” and sold it, and then divide profits therefrom (hereinafter “instant trade agreement”).
(2) On March 12, 2018, C drafted a “a rice contract consignment agreement” between the Plaintiff and the truster as the Plaintiff, and entered the name of “F” and the name of “D” in the trustee column, affixed the seal of D, and then signed by the Plaintiff as the guarantor.
3) The Plaintiff paid C a rice purchase price pursuant to the instant business agreement by remitting money to the “F” business entity’s account opened in the name of D. 4) C paid the Plaintiff the proceeds pursuant to the instant business agreement by remitting money from the account opened in the name of D to the Plaintiff’s account.
C. A business relationship related to the establishment of the Defendant Company and the Defendant Company (1) was established on January 19, 2018, which was KRW 30,000,000 in capital, and was established on August 17, 2018, and D was appointed as the manager of the Defendant Company’s senior interest branch on September 3, 2018, and then resigned on March 8, 2019. 2) On October 19, 2018, C prepared and issued to the Plaintiff a written confirmation (hereinafter “instant confirmation”).
The correct letter shall be 1.1.