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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. There is no dispute between the parties that the Plaintiff supplied goods equivalent to KRW 55,954,250 to the Defendant from May 2016 to August 2016, as to the cause of the claim, and thus, the Defendant is liable to pay to the Plaintiff the amount of KRW 55,954,250 payable to the Plaintiff, barring any special circumstance.
2. Judgment on the defendant's assertion
A. The gist of the defendant's argument is that between the plaintiff and D (hereinafter "D") operated by C, the defendant entered into a set-off contract with the plaintiff's claim of KRW 111,769,230 against the defendant for the price of the goods against D, and KRW 55,954,250 for the price of the goods against the defendant and KRW 45,635,150 for the price of the goods against D (hereinafter "the set-off contract in this case"). At the time of the set-off contract in this case, E representing the plaintiff was legally granted the right of the plaintiff to conclude the set-off contract in this case, or constitutes an expression representation under Article 126 of the Civil Act.
Therefore, the plaintiff's claim for the price of goods against the defendant was extinguished due to the valid offset contract.
B. Determination 1A) E, while serving as a managing director from March 2016 to August 15, 3017, was in charge of purchase, sales, etc. of the Plaintiff’s business partners and purchaser.
B) From May 30, 2016 to August 2016, the Plaintiff supplied the Defendant with goods equivalent to KRW 5,954,250. C) The Defendant supplied D with goods equivalent to KRW 183,226,230 from April 30, 2016 to May 31, 2016, and D paid KRW 71,430,00 to the Defendant. D was supplied with goods equivalent to KRW 45,635,150 from D around December 2016 (e) the Defendant supplied the Defendant with goods equivalent to KRW 11,769,230,000 for the Defendant’s claims against the Defendant’s goods (i.e., KRW 45,635,150 for the Defendant’s employees, E, and D’s claims against the Defendant’s goods (i.e., KRW 11,769,230,230 for the Defendant’s goods) and the Plaintiff’s claims against the Defendant’s goods.