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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 6, 2014, C, along with the Defendant, sought a construction site for “D” used by the Plaintiff, and subsequently introduced the Defendant to the Plaintiff that the Defendant would wish to purchase the dried and further purchase.
B. On April 7, 2014, the Defendant determined the price of C and Y as KRW 32 million, and transferred KRW 20 million to C’s child E account in his/her name.
C said that the Defendant would pay the price if the Defendant sent the prosecution to F Co., Ltd., the Defendant operated.
C. On April 8, 2014, the Plaintiff sent 32 million won to F factory operated by the Defendant, which was sent 5,000 km with the invoice.
The Plaintiff stated that delivery service providers should not get back to the Plaintiff before receiving the payment. The next day, the Plaintiff arrived at the Defendant’s factory, and the Defendant did not pay the price to the Defendant, and the Defendant did not pay the price to the Plaintiff. The Defendant sent the price to the Plaintiff by wire, and accepted the drilling with the Plaintiff’s consent.
[Ground of recognition] Facts without dispute, Gap evidence 3, 5, Gap evidence 9, 10, 14, Eul evidence 1, Eul's partial testimony of witness C, witness G's testimony, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion and the Defendant concluded a sales contract between the Plaintiff and the Defendant to sell 50,000 kg of China to the Defendant for the purchase price of KRW 32,00,000,000. As such, the Defendant is obligated to pay the said payment to the Plaintiff.
B. In light of the fact that a sales contract between the Plaintiff and the Defendant was concluded, it is difficult to believe that part of the evidence Nos. 8, 11, 13, 14, 18, and 20 (including the part on which the Plaintiff’s statement was written) was written, and there is no other evidence to acknowledge it.
Rather, the circumstances revealed in the above facts, C, in the middle.