Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

A. The plaintiff is a corporation established for the purpose of the wholesale and retail business of cosmetics, and the defendant is a corporation established for the purpose of the wholesale and retail business of cosmetics and miscellaneous retail business.

B. From January 2016 to January 2017, each electronic tax invoice was issued to the supplier or the Defendant as of the end of each month.

C. On January 31, 2017, the Plaintiff’s account sales balance with the Defendant is indicated as KRW 15,808,878, as of January 31, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the contractual liability

A. The Plaintiff’s assertion 1) The Plaintiff supplied the Defendant with goods equivalent to KRW 43,00,000 from January 201 to January 2017, 2017 in accordance with the order of the Defendant’s side. The Plaintiff merely received some goods payment from the Defendant, and was not paid KRW 15,808,878. Therefore, the Defendant is liable to pay the Plaintiff the unpaid goods price of KRW 15,808,878, and the delay damages therefrom. 2) The Defendant did not have concluded a goods supply contract with the Plaintiff.

The plaintiff entered into a contract for goods supply with C, and only supplied goods to C.

B. In light of the witness C’s partial testimony, etc., the evidence alone submitted by the Plaintiff is insufficient to deem that the Plaintiff entered into a goods supply contract with the Defendant, and there is no other evidence to acknowledge it otherwise.

Therefore, this part of the plaintiff's assertion is without merit.

3. Claim on the responsibility of the nominal lender; and

A. The lower judgment as to the cause of the claim is based on the following facts: (a) the Plaintiff supplied goods worth KRW 43,000,000 from January 1, 2016 to January 2017, and (b) the Plaintiff supplied goods at the place designated by C.