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

Purport of claim and appeal

1...

A. On or around spring of spring of 2014, the Plaintiff: (a) and the Defendant cultivated the seeds sealed by the Defendant; (b) harvested them; and (c) concluded a mersh sales contract to sell KRW 4,000 to the Defendant again (hereinafter “instant sales contract”); (c) around July 2014, the Plaintiff supplied 13,540 km to the Defendant; (d) however, the Defendant did not pay KRW 11,060,000 out of the purchase price.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid purchase price of KRW 11,060,000 and delay damages therefor.

B. The Defendant’s assertion is merely a broker for the conclusion of a sales contract between the Plaintiff and C Food, and only a broker for the Plaintiff’s forwarding of the mebs harvested to C Food, and is not a party to the instant sales contract with the Plaintiff.

Even if the Defendant was the party who entered into the instant sales contract, the weight was reduced to 12,263 km in the course of transporting the mail smuggling supplied by the Plaintiff to C Food, and the Plaintiff agreed to reduce the price of the mail to 3,500 won per kilogram, so there was no additional payment made by the Defendant.

2. Determination as to the cause of action

A. The fact that the final and conclusive parties to the sales contract of this case notified the Plaintiff of the purchase price of the Meritorious when the Defendant supplied the Meritorious seeds to the Plaintiff; the fact that the Defendant surveyed the weight when the Plaintiff supplied the seeds harvested to the Defendant; and the fact that the Defendant paid the Meritorious money to the Plaintiff is not a dispute between the parties.

In light of the following circumstances, the Defendant’s conclusion of the instant sales contract with the Plaintiff ought to be deemed as the party to the instant sales contract, which is acknowledged by adding up witness D and E’s testimony and the purport of the entire pleadings.

① The Plaintiff appears to have failed to know that the Defendant supplied Meditables to C Food.

(2) Business affairs related to the conclusion and performance of sales contracts, such as negotiations on price of mail and payment of price for mail mail.