손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion is that the Plaintiff entered into a garment production contract with the Defendant (including the assertion that B is the Defendant’s expression agent) and paid KRW 172,469,605 to the Defendant, but the Defendant did not perform the contract. As such, the Plaintiff cancelled the garment production contract on the ground of the Defendant’s nonperformance of obligation
If the contract was not concluded between the Plaintiff and the Defendant, the money received by the Defendant constitutes unjust enrichment, and the Defendant is obligated to pay the said money to the Plaintiff.
B. Considering that the following facts are comprehensively acknowledged as a whole in light of Gap's evidence Nos. 4 through 8, 14, 17, Eul evidence No. 3, Eul evidence No. 3, witness B's testimony, and witness C's testimony as to the non-performance of obligation, it is reasonable to deem that the party who entered into a contract for the manufacture of clothes with the plaintiff is B. Thus, the plaintiff's assertion
1) B, while running the clothing manufacturing business under the trade name of D, produced and supplied the clothing to the Plaintiff upon receipt of the clinical Processing Service from the Plaintiff, and issued a tax invoice to the Plaintiff by October 21, 2014. However, as the Plaintiff did not pay value-added tax, the National Tax Service attached the Plaintiff’s claim for the garment manufacture price against the Plaintiff on October 2014, and accordingly, the Plaintiff was in a situation in which the Plaintiff could no longer pay the price to B. B. (2) The Plaintiff prepared a trade list in the name of the Defendant, and the Defendant issued the tax invoice in the name of the Defendant to the Plaintiff upon the request of B.
On November 15, 2014, the Plaintiff remitted KRW 99 million to the Defendant’s account at the request of B, the Defendant deducted the amount of KRW 12 million against B, and then remitted KRW 50 million to B on November 2014, and KRW 37 million on November 21, 2014, respectively.
3. The plaintiff's clothes to the above KRW 99 million by the supply deadline.