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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation established under the California law of the United States of America.
B. On November 18, 2014, the Defendant entered into a contract with C (hereinafter “C”) for the purchase of scrap scrap to USD 320 per ton of the United States dollars (hereinafter “$”). At the time, C imported scrap and delivered the scrap to February 2015, and the Defendant paid 98% of the purchase price and 2% of the remainder within five business days from the date of delivery, respectively.
On January 1, 2015, the Defendant issued a bill of lading for 6,640.37 tons of scrap scrap 6,640.37 to S, and paid C the purchase price of USD 2,082,422.22 to C (i.e., USD 6,640.37 tons x USD 320 metric x 98% x 98% x 3 decimal places).
C. However, even until March 2014 when the due date has expired due to the aggravation of the self-sufficiency, C could not deliver scrap to the Defendant, and the Plaintiff (former representative D) who actually supplied scrap through C was unable to supply the goods to the Defendant on April 15, 2015 due to the domestic conditions of the United States of America. The Plaintiff, the final user, returned USD 1,012,050.56 to the Defendant, the final user, and returned USD 200,000 each month from May 2015 to September 2015. ‘The e-mails sent the content’.
around April 2015, the Plaintiff and the Defendant were the Defendant of C.
The obligation to return USD 2,082,422.22 for the goods stated in the subsection was acquired in parallel, and the agreement was made to repay it in sequence at the end of 2015, as shown in the attached repayment plan table (hereinafter “instant agreement”). On May 4, 2015, the Plaintiff (E (E and E) and the Defendant drafted a written agreement on the assumption of the obligation and the repayment (hereinafter “instant agreement”) with the same purport.
E. According to the instant agreement, the Plaintiff paid USD 119,982.72 to the Defendant on April 14, 2015, and ② G, a subsidiary of the Defendant, around April 2015.