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1. The Defendant’s KRW 74,878,00 for the Plaintiff and its related KRW 5% per annum from March 26, 2015 to December 11, 2015.
Reasons
1. Determination as to the loan claim portion
A. (1) On March 8, 2013, the Plaintiff’s assertion (1) between C and the Defendant on March 2013, 2013, if the Plaintiff lent money to C, the supply of the by-products of pigs was agreed to deduct the amount from the borrowed money, and the amount of the supply was transferred to the account in the name of D, an son of C. On the same day, from March 11, 2013, the Defendant was supplied with the by-products of pigs from C from March 11, 2013, and on April 1, 2013, the Defendant was supplied with the by-products of pigs owned by C to succeed to the rights of all by-products of pigs and all by-products of pigs owned by C, which were entered into by C and the Defendant.
(B) After lending money from the Defendant, the Defendant would supply swine by means of deducting the supply amount from the loan, and the supply amount would be paid to the Defendant by means of crediting the loan, and the amount would be KRW 50 million on April 22, 2013; and
5.6.3 million won, and the same year;
5.7.10 million won remitted total of KRW 90 million.
(C) The same year from March 11, 2013 by the Plaintiff from C and the Defendant
6. The supply of the by-products of pigs by-products is equivalent to KRW 70,122,00,000. Since the Defendant did not supply the goods to the Plaintiff and did not return the loan, the contract for the supply of by-products of pigs is terminated. The Plaintiff seeks the return of the remaining amount calculated by deducting the amount equivalent to KRW 70,122,00,000 from the total amount of KRW 140,000,000.
(2) The Defendant’s assertion (A) established and operated an association in which the Defendant, C, and C, and three persons engaged in the wholesale business of by-products of pigs (hereinafter “the instant association”), and supplied the Plaintiff with by-products of pigs. The supply of by-products of pigs to the Plaintiff is not the Defendant but the instant association, and the quantity and amount of by-products of pigs asserted by the Plaintiff that the Plaintiff was supplied by the Defendant.