A. On August 23, 2018, the Plaintiff agreed with the Defendant Company to be supplied with three tons of No.S. 100,000 U.S. dollars from the Defendant Company (hereinafter “instant contract”) in accordance with the Defendant Company’s trade proposal, which was recorded as the auditor of the Defendant Company B (hereinafter “Defendant Company”) who runs the wholesale business of fishery products, etc. (hereinafter “instant contract”), and remitted USD 100,000 to the Defendant Company’s account.

B. On August 23, 2018, following the above remittance, the Defendant Company remitted USD 99,000 to D, which is an importing source of salking cam, the supplier of salking cam.

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C. The Defendant Company returned part of the price of the instant singwrap by September 14, 208 in accordance with the termination of the contract, but failed to return the remaining 36,501,000 won to the Plaintiff.

【Defendant Co., Ltd. based on recognition: The defendant Co., Ltd. without any dispute, the entries in Gap’s evidence Nos. 1, 2, 3, and 5, and the purport of the whole pleadings

2. According to the facts of the above recognition of the claim against the defendant company, the defendant company is obligated to pay to the plaintiff the amount of 36,501,000 won which was not returned out of the above price of salveps as restitution for termination of contract, and the damages for delay calculated at the rate of 6% per annum prescribed in the Commercial Act from September 15, 2018 to May 10, 2020, the delivery date of the complaint of this case, and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

3. Claim against Defendant C

A. The Plaintiff’s assertion 1) The Defendant C, who is the party to the instant contract, is the actual party to the instant contract, and is obligated to return the price for singwrap in accordance with the said rescission of contract. (2) The Defendant C agreed to the Plaintiff that “self-reliance shall be liable and returned.”