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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be acknowledged if there is no dispute between the parties, or if there is a witness’s testimony in Gap’s 1 to 3, and 10, or a witness’s testimony in full view of the whole purport of the pleadings.
In September 2010, the Plaintiff entered into a contract with the Plaintiff to be supplied with livestock (hereinafter “instant contract”) through C/B, which is a business employee of Samyang Co., Ltd. (hereinafter “Mayang”) and the Plaintiff, and was supplied with livestock from Samyang in October 2010.
The plaintiff raised the chickens by using the above feed, and sold the eggs received from the chickens to D.
B. The Samyang alleged that the Plaintiff was not paid KRW 43,676,654 out of the feed price supplied from October 2010 to April 2011 (i.e., total amount of KRW 209,88,654 - total amount of KRW 166,212,00) and demanded payment. On March 24, 2012, Samyang demanded payment. The Defendant transferred the above feed price claim to the Plaintiff and notified the Plaintiff.
2. The plaintiff's assertion
A. At the time of the conclusion of the instant contract, the Plaintiff and Yangyang had “Agreement on the Method of Payment in which the Plaintiff deemed that the Plaintiff paid the amount of Tyang to D as the supply of Malyang to D” or “Agreement on the Method of Payment in which the Plaintiff is deemed to have paid the amount of Malyang to D,” which guarantees the obligation to pay Malyang to D. (2) In addition, the Plaintiff supplied Malyang to D more eggs than the amount of feed paid by Calyang, which the Defendant acquired from Calyang company under the said agreement, and there is no obligation to pay Malyang for the Plaintiff’s Malyang
3) Rather, Samyang appears to be a clerical error in the calculation of KRW 42,376,39 as the settlement amount to the Plaintiff pursuant to the above agreement. (i) The amount of KRW 410,365,080, which the Plaintiff supplied to D - The amount of KRW 269,451,581 - The amount of KRW 118,137,100, which was settled and paid by the Plaintiff from Samyang company.