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1. The Defendant’s KRW 300,000,000 as well as 5% per annum from October 22, 2015 to December 14, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that runs the ginseng sales business. 2) The Defendant is a corporation that is established on November 4, 2015 and runs the manufacturing and wholesale business of red ginseng and ginseng products, and C corporation (hereinafter “Nonindicted Company”) is a corporation that is established on October 2003 and engages in the manufacturing and retail business of ginseng, red ginseng products, health food products, and foods.
3) The address of the head office of the non-party company is “In Mancheon-gun D” as at the present domicile of the defendant, and the name of the non-party company was “E stock company” as at November 4, 2015, which was established by the defendant. However, as at November 4, 2015, the Plaintiff and the non-party company was registered. (B) The Plaintiff and the non-party company’s representative (in-house director) discussed the transaction of supplying the non-party company’s red ginseng products from August 2015 to the Non-party company, and from August 2015, the Plaintiff agreed that the non-party company would pay the product price to the non-party company in advance and use the pre-paid fund for the purpose other than the contract, in order to prevent the use of the pre-paid fund paid by the Plaintiff by the non-party company upon filing an application for the rehabilitation of the non-party company after entering into the contract for the rehabilitation of the non-party company.
Accordingly, on October 12, 2015, G filed a petition for rehabilitation with respect to the non-party company (In Incheon District Court 2015 Gohap20), and received a decision on preservative measure from the above court on October 16, 2015.
2) On October 21, 2015, the Plaintiff and Nonparty Company entered into a contract for the supply of ginseng products with the content that the Plaintiff would be supplied with red ginseng products from Nonparty Company (hereinafter “instant supply contract”) with the term of contract of two years, the goods supplied with red ginseng, red ginseng, red ginseng, red ginseng, etc.
The plaintiff was entered into, and the main contents of the ginseng product supply contract are as follows, in accordance with mutual understanding, for the stable supply of goods.