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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 without dispute;
A. On August 25, 2017, the Plaintiff, a notary public holding in relation to the Pampling Co., Ltd. (hereinafter “Nonindicted Company”), was issued a decision to seize and issue a collection order with the Gwangju District Court Decision 2017TTTTT 2017TTTT 3402, on the ground that based on the authentic copy of an executory deed, No. 732, 2017, which was prepared by the law firm, the debtor is the non-party company, the third debtor is to be supplied with the third debtor with the bonds to be seized and collected by the third debtor, and the debtor is equivalent to KRW 9,358,200, out of the claims for the purchase of goods to be paid by the third debtor.
B. On August 29, 2017, the Defendant was served with the original copy of the determination of the seizure and collection order.
2. The gist of the Plaintiff’s assertion and the Defendant: (1) The Defendant purchased fertilizers from Nonparty Company and sold them to the consumers (hereinafter “direct sales method”).
(2) In accordance with the supply contract with the non-party AFF Co., Ltd. (hereinafter referred to as the "non-party AFF"), the defendant delivered fertilizers to the non-party AFF to the non-party AFF after being delivered from the non-party AF, and the defendant received a fixed sales commission (hereinafter referred to as the "sale agency method") in return for the above payment, including packing expenses, from the non-party AFF.
In the case of direct sale, the defendant is obliged to pay the purchase-price claim to the non-party company.
In the case of a sale agency method, the defendant supplied fertilizers from the non-party company and released them to the non-party agricultural cooperative, and the fertilizer "untally inspected" did not accrue with a claim for the purchase price of goods, but the defendant paid to the non-party company the claim for the purchase price of the fertilizer equivalent to the price of the fertilizer unless the defendant returned to the non-party company.