The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On July 27, 2016, the Defendant engaged in the outer sea fish farming business, etc. entered into a total sales contract with C Co., Ltd. (hereinafter “C”) under which the Defendant would supply tobacco cultivated in the outer sea to C exclusive. According to the above contract, C shall deposit KRW 2 billion with the Defendant as a security deposit (hereinafter “instant supply contract”), and upon receiving the product, paid the price for the goods to the Defendant.

B. Pursuant to the instant supply contract, C paid a deposit of KRW 700 million (hereinafter “instant deposit”) to the Defendant around the end of December 2016, 2016.

C. From the time of entering into the instant supply contract to June 5, 2018, the Defendant supplied C with tobacco, and KRW 270,052,490 for the amount of goods not paid by C until the last supply date, and KRW 17,000,000 on June 6, 2018, and KRW 3,000,000 on June 9, 2018 were additionally repaid.

(A) A claim for the price of goods arising under the instant supply contract (hereinafter “the instant claim for the price of goods”).

On December 4, 2018, the Defendant sent to C a written notification stating that “The Defendant shall deposit the amount of goods and deposits unpaid until December 3, 2018, with C, but C has failed to comply with it, so the Defendant shall cancel the instant supply contract.” The written notification reached C on December 6, 2018.

E. After September 30, 2019, C transferred the instant claim for the return of the deposit to the Plaintiff (hereinafter “instant contract for the transfer of claims”), and notified the Defendant of the said transfer on the same day, and the said notification was served to the Defendant on October 2, 2019.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, Eul's 9 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. On September 30, 2019, 1 Plaintiff’s assertion by the parties C raises objection to the Plaintiff.