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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 Plaintiff asserted that the Plaintiff would be supplied with scrap metal by Defendant B Co., Ltd. (hereinafter “Defendant Company”), and supplied the said Company a total of KRW 50,000,000 in scrap metal for eight times from August 15, 2017 to November 24, 2017, but did not receive one supply of scrap metal.
On the other hand, on July 31, 2019, Defendant C, a inside director of the Defendant Company, agreed to pay to the Plaintiff KRW 30,000,000,000 out of the above scrap metal amount of KRW 50,000,000, until September 11, 2019. The Plaintiff received KRW 20,000,000 from Defendant C.
The defendants, without the intention to supply scrap metal to the plaintiff, had the plaintiff enter into a contract for supply of scrap metal by deceiving the plaintiff.
Therefore, the Plaintiff’s cancellation of the scrap metal supply contract pursuant to Article 110(1) of the Civil Act. The Plaintiff is primarily liable to return unjust enrichment to the Defendant Company, Defendant C is jointly liable to pay KRW 10,000,000 as a performance of the contractual obligation, and the Defendants, as joint tortfeasor, are liable to pay KRW 10,000,000 as compensation for damages.
(1) The Plaintiff’s 30,000,000 won, which was already paid by Defendant C, was not paid by the Defendant C. 2. 30,000,000 won (the amount derived from deducting KRW 20,000,000,000). The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff concluded a contract for the supply of scrap metal by deception from the Defendants. In addition, there is no other evidence to acknowledge otherwise, even if the Defendants are liable to pay the Plaintiff KRW 10
However, according to the contents of Eul evidence Nos. 1 and 2-1 and 2-2 and the plaintiff's above statements and voice files, it is recognized that on September 11, 2019, the plaintiff demanded to withdraw the lawsuit of this case only when he pays 20,000,000 won out of 50,000,000 won paid as the scrap metal to defendant D on September 11, 2019. The defendants trusted the above words and actions of the plaintiff and repaid 20,000,000 won to the plaintiff. The plaintiff's above words and actions of this case are 20,000,000 won by the defendants and exempted the remainder.