1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff runs the wholesale and retail business of agricultural and fishery products in the name of “C”, and the Defendant actually runs the distribution and processing business of agricultural and fishery products, etc., and D operates the Defendant Company, and the Incorporated Agricultural Company E (hereinafter “E”) directly supplied the Defendant’s processed agricultural and fishery products, including capital reduction, to the Defendant’s customer, and F actually operates E.

B. On March 20, 2017, the Plaintiff supplied E with reduction of capital equivalent to KRW 15,000,000 (i.e., KRW 15,000 x KRW 850 per kilogramg) and KRW 3,040,040 million on May 25, 2017 (i.e., KRW 19,00 x KRW 1,600 per kilogramg).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The plaintiff asserts to the following purport.

The Plaintiff, as an actual operator of E, who is entrusted with capital reduction processing by the Defendant, agreed to deliver capital to the Defendant at the request of F in charge of the Defendant’s business affairs related to capital reduction. Accordingly, the Plaintiff supplied capital reduction equivalent to KRW 30,400,000,000 to E on March 20, 2017 and on May 25, 2017.

E processed capital supplied by the Plaintiff and supplied it to G, etc. that the Defendant traded.

Therefore, the Defendant is obligated to pay the Plaintiff the capital reduction amount of KRW 4,3150,000 (i.e., KRW 1,2750,000,000) and damages for delay.

B. The fact that the Plaintiff supplied reduction of capital equivalent to KRW 1,2750,000 on March 20, 2017 and KRW 30,40,000 on May 25, 2017 to E, a company entrusted with the Defendant’s capital reduction processing, is as seen earlier.

However, the following circumstances, i.e., Gap evidence 8 and Eul evidence 6 (including paper numbers) and witness H and F testimony (excluding the subsequent portion rejected by each party), which are acknowledged as a whole by considering the whole purport of the pleadings, i.e., the defendant company is operating in substance by Eul.