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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. On May 15, 2018, the Defendant entered into a clothing supply contract with C (hereinafter “C”) with the content that the Defendant would be supplied with Class C’s three clothes (test color flus, green flus, color flus, color flus) total of 15,000 goods, and paid KRW 44,250,000 as advance payment to C on May 15, 2018.
B. On June 1, 2018, C requested the Plaintiff to temporarily process the above Chapter 15,00 of the three-class clothing products, and accordingly, the Plaintiff completed the processing of the clothing.
C. The Plaintiff rejected the delivery of clothing that could not supply clothing until receiving KRW 68,904,00 (including value-added tax) from C.
Then, as of July 20, 2018 between the Plaintiff and C, “C shall waive all the obligations and rights to Chapter 15,000 of the instant Class 3 Articles, and succeed to all the rights to the Plaintiff.” As of July 20, 2018, respectively, a letter stating that “C shall waive the ownership of the product on July 20, 2018,” and the Defendant paid KRW 34,452,00 to the Plaintiff on the same day, and accepted Chapter 7,50 of the instant Articles of the Articles of Incorporation.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 7, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that: (a) the Plaintiff supplied the instant clothing product to C and received the processing cost from C; (b) from the early July 2018, the Plaintiff demanded that the Defendant’s employees and D directors, etc. find the Plaintiff and directly deliver the instant clothing product to the Defendant.
Accordingly, the Plaintiff demanded that C waives the ownership of the instant clothing products and the right to process a contract, and that C agree to pay the Plaintiff a fee directly. Accordingly, C prepares a letter of waiver and the Defendant directly issues the electronic tax invoice to the Plaintiff and paid KRW 34,452,00 to the 7,500 of the instant clothing products, so the Defendant remains remaining in accordance with the agreement among the three parties.