매매대금반환
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap's statements in Gap's 1 to 7, Eul's 1 to 11 (including all of the numbers), and witness Eul's testimony.
On February 2, 2011, the defendant entered into a consignment sales contract with B (However, the name was named C, the spouse of B, and the defendant entrusted B with the sale of the defendant's product, and B sold it, and B received consignment fees from the defendant.
B. On April 201, 201, the Plaintiff entered into an agreement with B (However, the name is the name as described in the above paragraph (a) above) on the purchase with no interest-free interest on the Defendant’s product (hereinafter the instant purchase agreement), and the specific details are as follows.
The amount of installments shall be 50 million won, including value-added tax, and the first settlement date of 24 months shall be April 30, 201.
The purchase agreement of this case is written by the plaintiff in the purchase column, the agency column, and the head office column is the official column, but the defendant's trade name, address, telephone number, etc. is printed under the title of the purchase agreement with interest-free installments.
On April 201, the Plaintiff entered into a reverse purchase loan agreement with Han Bank to obtain a loan of KRW 50 million under the instant purchase agreement, and pursuant to the said loan agreement, KRW 46,552,979, which deducts the fee from the loan to the Han Bank account under the Defendant’s name, was deposited on April 15, 201.
E. According to the instant purchase agreement, the Defendant supplied B, a trustee seller of the Defendant, with goods, such as yellow materials, which amounting to KRW 54,882,75 on April 18, 201, KRW 200 on March 57, 201, KRW 18,301, KRW 15,953,30 on May 15, 201, KRW 14,676,750 on June 14, 2011, KRW 434,50 on July 434, 201, KRW 2,563,00 on December 2, 201, KRW 376,00 on January 2, 2012.
F. In accordance with the above supply, the Defendant filed against C with C on March 31, 201, KRW 577,500.