2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. On July 25, 2014, the Plaintiff was supplied with a gas station pulverr (hereinafter “instant product”) produced by the Defendant with the Defendant (hereinafter “Defendant”) and sold it to the end-user. The Plaintiff entered into a sales store contract with the content that the Plaintiff would pay the goods prior to the supply of the goods (hereinafter “instant contract”).

B. On August 1, 2014, the Plaintiff paid 44,000,000 won (including additional tax x 220,000 won per unit x 200 x 200] to 200 units of the instant goods as “member name B and business number C”.

C. Since then, the Plaintiff supplied 164 goods of this case, and finally 53 goods of this case supplied as above were recovered by the supplier.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4, 6, 30 and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff paid to the Defendant for the 200 goods of this case and supplied some of them, but thereafter, the Defendant did not supply the remainder or recovered some of them again, and thus unjust enrichment was made in the amount equivalent to the goods which were not supplied and recovered.

Therefore, the defendant has a duty to refund 19,580,000 won (=220,000 won x 89) and damages for delay corresponding to the goods supplied and recovered to the plaintiff.

B. The defendant's assertion that the plaintiff paid 44,00,000 won to a personal enterprise B (business registration number C and representative D) which is a separate company from the defendant, and there is no amount of payment for the goods to the defendant. The defendant did not supply the goods of this case to the plaintiff.

Therefore, there is no money to be returned.

3. According to the evidence examined above as to whether the company that the Plaintiff paid the price of the instant goods is an enterprise separate from the Defendant, the company that the Plaintiff paid the price of the instant goods is “B and business number C,” which is “B and business number C.”