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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The summary of the Plaintiff’s assertion 1) On December 2001, when the Plaintiff entered into a contract with the Defendant to take over the FE located in Seocho-si with the Defendant on the introduction of the Defendant, the Plaintiff agreed that D will transfer all of the FE’s operating rights to the Plaintiff when the Plaintiff succeeded to the FE’s banking loans and repaid the full amount of the FE’s goods payment obligations. At the time, the Plaintiff and D decided to delegate the FE’s management and operation rights to the Defendant until the Plaintiff pays the full amount of the FE’s goods payment obligations, and the Defendant agreed to sell the FE to pay the FE’s goods payment obligations with the sales proceeds if the Plaintiff supplied the FE to the FE, and then the Plaintiff supplied the FE’s goods to the Plaintiff at his own discretion, without having sold the FE’s sales proceeds, even if the Plaintiff supplied the said goods with the FE’s sales proceeds.
Therefore, the defendant is obligated to pay the plaintiff the above 624,141,073 won and damages for delay stated in the purport of the claim.
3. Meanwhile, the Defendant supplied the Plaintiff with goods of an amounting to KRW 150,00,000 from the Iart located in Boan City, and sold them, and demanded the Plaintiff to issue a promissory note to be used as security, so that the Defendant would repay the Fmarate’s goods payment obligations. Accordingly, the Plaintiff issued a promissory note of KRW 150,000 at face value around January 5, 2002, and then made it available to the Defendant on January 29, 2002.
However, even if the Defendant was supplied with the goods equivalent to KRW 65,380,000 from the IE using the instant promissory note notarial deed, he did not pay the FEE’s purchase price for the goods.