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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 Plaintiff’s assertion 1) C, under the trade name “D” on February 20, 2008, established the Plaintiff on January 14, 2014. (2) From February 11, 2006, E engaged in wholesale and retail business of agricultural products in the trade name “F”, thereby establishing the Defendant on February 10, 2014.
3) C and the Plaintiff sold agricultural products to E and the Defendant until March 26, 2015, but did not receive KRW 20,005,650 for the remainder of the goods payment for the transaction until March 26, 2015. B. The Defendant’s assertion E and the Defendant did not engage in agricultural products transactions with the Plaintiff. Trade in agricultural products claimed by the Plaintiff is E type G (trade name: H).
2. Whether the Plaintiff and the Defendant trade in agricultural products
A. According to the statements in Gap evidence Nos. 3, 5, 6 and 7, the following facts are recognized:
1) As to the transaction of agricultural products claimed by the Plaintiff, the Plaintiff entered the trade name of the trading partner in the trading ledger as “H-F” and entered the person being supplied with the trading list as “H,F, name, G E, address: Daegu Northern-gu I”. 2) With respect to the receipt of the payment for the transaction of agricultural products claimed by the Plaintiff, the transaction price for agricultural products was deposited in the name of E, G, H, etc. in the deposit account of the Plaintiff.
B. However, the facts of the above recognition alone are insufficient to recognize that the transaction party purchased agricultural products from the Plaintiff as the Defendant, and even considering the respective descriptions of evidence Nos. 1, 2, 4, and 8, it is insufficient to recognize the transaction of agricultural products between the Plaintiff and the Defendant, and there is no other evidence to acknowledge it.
Rather, according to the evidence Nos. 3, 4, 5, 6, 7, and Nos. 1, 2, and 4 of the evidence Nos. 1, 3, 5, 6, 7, and 1, 3, the following facts are recognized.
① On February 20, 2008, C, under the trade name “D”, established the Plaintiff on January 14, 2014, and closed the said D on June 30, 2014.
However, according to the plaintiff's transaction ledger, the credit amount of KRW 51,290,50,000, which was prior to the date of establishment of the plaintiff, began with the entry of the carried-over amount of KRW 51,290,50.