Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal.

A. The plaintiff is a company that runs the liquor wholesale business, and the defendant is the operator of C (general restaurant).

B. From April 2018 to June 8, 2018, the Defendant received alcoholic beverages equivalent to KRW 5,392,100 from D.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Plaintiff supplied liquor to the Defendant from April 2018 to June 8, 2018, and thus, the Defendant is obligated to pay the Plaintiff the liquor amounting to KRW 5,392,100 and the delayed damages.

2) The Defendant initially traded with E Co., Ltd. (former F Co., Ltd.; hereinafter “E”)’s employees D, and was unaware of the developments leading up to the change in the affiliation of D or the change in the liquor supplier to the Plaintiff.

B) In addition, since the Defendant paid the price of alcoholic beverages to D in full, it is valid as an alternative to the Plaintiff, and even if there was no right to receive reimbursement to D.

Even if it is valid as repayment to quasi-Possessor of the claim.

B. (1) Determination 1) Generally, who is a party to a liquor supply contract is a matter of interpretation of the intent of a party involved in the contract.

In the absence of a contract, in order to determine who is the party to the contract, the contractual party shall comprehensively consider the content of the contract, the motive and background of the conclusion of the contract, the purpose to be achieved by the contract, the party’s genuine intent, etc., and shall be reasonably interpreted in accordance with logical and empirical rules (see, e.g., Supreme Court Decision 2016Da25699, Jan. 17, 2019). (B) In light of the above legal principles, the parties to the alcoholic beverage supply contract shall be deemed the Plaintiff and the Defendant, taking into account the following circumstances, which can be recognized in light of the facts recognized as above and the purport of the entire pleadings in light of the aforementioned legal principles:

① The Plaintiff is a person to be supplied with the Defendant.