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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
A. The Plaintiff is an individual entrepreneur who runs the wholesale and retail business of livestock products with the trade name of “D”.
B. On April 30, 2018, the Plaintiff entered into a by-products contract with C Co., Ltd. (formerly, an incorporated agricultural company E Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”) to the effect that “the by-products derived from the publication of livestock products by-products will be provided to the Plaintiff, and the Plaintiff will pay KRW 150 million to the Nonparty Co., Ltd. with the deposit money for the purchase of goods (hereinafter “instant contract”). At that time, the Plaintiff paid KRW 150 million to the Nonparty Co., Ltd. as the deposit money under the said contract.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. The Plaintiff’s assertion and judgment are the Plaintiff’s by-products equivalent to KRW 166,540,00 from April 26, 2018 to June 7, 2019, and the Plaintiff paid KRW 258,880,00, including the deposit amount of KRW 150,000,000 paid to the Nonparty Company under the instant contract as the price for the goods, and the Nonparty Company is obligated to return the said money to the Plaintiff (=258,80,000,000 - KRW 258,880,540,000 - KRW 166,540,000). The Defendant, who is the representative director of the Nonparty Company and the actual operator, is jointly and severally obligated to pay the said money to the Plaintiff.
On the other hand, even if based on the plaintiff's assertion, the contract of this case was concluded between the plaintiff and the non-party company. The plaintiff is supplied by by-products from the non-party company under the above contract and paid the deposit and the price of goods to the non-party company. There is no evidence to recognize the legal basis for the defendant, the representative director of the non-party company, to be jointly and severally liable for the debt of the non-party company. Thus, the plaintiff'
3. Thus, the plaintiff's claim against the defendant is dismissed as it is without merit.