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1. The plaintiff's appeal is dismissed.
2. In accordance with the conjunctive claim of the Plaintiff against the Defendant B added by this Court.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in the clothing manufacturing business, trade business, etc., and Defendant B was engaged in the brokerage trade business between China, Russia and Korea.
B. D, the representative director of the Plaintiff, was interested in the business of importing and distributing mineral resources and marine products, such as coal, and selling and distributing them to the Republic of Korea, upon introduction by E, which was the employee of the Plaintiff Company, for the first time 2012, and Defendant B thereafter was engaged in the business of importing and selling marine products by opening a credit for the Plaintiff from February 2, 2012 to September 27, 2012.
C. From May 18, 2012 to June 28, 2012, Defendant B imported a consignee of import from F (Defendant C) and an import agent as the Plaintiff; Defendant B imported the consignee of import from May 18, 2012 to June 28, 2012, the Plaintiff as the Plaintiff, and imported the 9.43 tons of tidal spawn (943 boxes); 11.2 tons of North Korean fishery bonds (560 boxes); and 10 tons of Chinese fishery bonds (1,000 boxes).
(hereinafter referred to as the "import of this case" and the "import of this case" among the imported goods D.
After that, Defendant B sold 91 boxes, among all of the spawn and spawn and spawn and spawn and spawn and spawn and spawn were paid KRW 340,277,587 as sales proceeds.
E. Defendant B delivered to the Plaintiff the remaining 909 boxes, which were sold out of the pre-imported pre-explosion bonds.
[Ground of recognition] Facts without dispute, Gap 1, 3-5, Eul 1, 2, 5, 7, Eul 1, 4-6, 11, and 13 (including branch numbers; hereinafter the same shall apply), witness G of the first instance court, some testimonys of H, and the purport of the whole pleadings
2. Judgment as to the main claim
A. On February 2012, Plaintiff 1 asserted by the parties, the Plaintiff and Defendant B entered into an import agency agreement with the importing company designated by Defendant B for the import of Defendant B’s fishery products. However, the Plaintiff’s letter of credit payment and the letter of credit payment made by the importing company through the L/C opening cost and the importing company.