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

Purport of claim and appeal

1..

A. From April 28, 2014 to June 7, 2014, the Plaintiff supplied the Defendant with agricultural products equivalent to KRW 107,452,280, such as Austria and Hohobage, and received KRW 50,002,560 among them, and thus, the Defendant is obliged to pay the remainder of KRW 57,449,720.

B. The Plaintiff, not the Defendant, engaged in agricultural product supply transactions with the see see Codow Co., Ltd. (hereinafter “Reference”), and thus, the Defendant, not the parties to the transaction, is not obligated to pay the above agricultural product price.

2. Determination

A. As to who is an actor or title holder, in cases where an actor who executes a contract was engaged in a juristic act in the name of another person, the contracting party shall first determine the offender or title holder as the party to the contract in accordance with the consent of the actor, if the actor and the other party agree with each other. If the other party fail to agree with each other, the contracting party shall be determined in accordance with the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract, etc., in which case the other party is reasonable, based

(See Supreme Court Decision 97Da22089 delivered on March 13, 1998)

B. The evidence Nos. 1 and 2-1 through 27 (each shipment notice, the defendant's defense that each of the above shipment notice was forged, but considering the whole purport of the pleadings in the testimony of witness C of the trial party, the seal imprint affixed to each of the above shipment notice is by the defendant's employee identification, and the company's permission for use of the above shipment order in the transaction process with the plaintiff can be known to the fact that the above shipment order was prepared by the defendant. As such, the defendant's defense is groundless), Gap's evidence Nos. 3 through 8, Eul's evidence Nos. 4, and the whole purport of the pleadings in the testimony of witness C of the trial party, Eul shall be considered as a whole.