The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On November 29, 2018, the Defendant entered into a contract with D, under which the Defendant would purchase approximately approximately 24 types of medical devices (hereinafter “the instant medical device”) such as DYSEM, ultra-frequency diagnostic devices, and blood-related analysis devices, under the trade name “C” (hereinafter “instant contract”).

B. D Around December 26, 2018, pursuant to the instant contract, supplied the “E Animal Hospital” operated by the Defendant, and the Defendant paid D the total sum of KRW 53,500,000,000,000 as the price under the instant contract, and KRW 435,000,000,000,000 won on November 23, 2018, and KRW 53,50,000,000 on December 27, 2018.

[Evidence Evidence: Evidence Nos. 1 to 16 (including paper numbers; hereinafter the same shall apply)

(i)each entry or video of the witness D, a part of the witness D’s testimony and the purport of the whole pleadings;

2. Determination as to the cause of action

A. On December 26, 2018, the Plaintiff entered into a sales contract with the Defendant to sell the instant medical device at KRW 53,500,000 via D introduction. Within three months after the date of the supply of the instant medical device, the Plaintiff made a verbal agreement with the Defendant to pay the said medical device to the Plaintiff within three months after the date of the supply of the instant medical device. The Defendant was supplied with the instant medical device by the Plaintiff, but three months after December 26, 2018, but did not pay the Plaintiff the payment. Therefore, the Defendant is obligated to pay the Plaintiff the price for the instant medical device at KRW 53,500,000 and the due date for the payment thereof from April 1, 2019.

B. In other words, the instant contract concluded between the Defendant and D was not destroyed or terminated, and no problem was occurred in the conclusion and performance of the said contract and the repair of defects, and D around February 2019.