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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an incorporated farming association that runs the livestock product distribution business, and has a “pre-paid branch” that operates the distribution center of milk and livestock products wholesale (hereinafter “instant distribution center”).
B. Meanwhile, the Defendant is the representative of “B” (hereinafter “C”).
(Ground for recognition: Facts without dispute, entry of Gap evidence 4, purport of the whole pleadings
2. Determination:
A. The gist of the Plaintiff’s assertion lies in: (a) the instant distribution center supplied D, a defendant’s agent, with beef equivalent to KRW 64,308,250,00 in total between November 12, 2014 and July 3, 2015; and (b) the Plaintiff did not receive KRW 28,208,250 in total; and (c) C received a sales invoice for the said product transaction by mail; and (d) filed a purchase report with the tax office corresponding thereto; and (c) the Defendant constitutes a party to the said transaction; and (c) the Defendant is obligated to pay the Plaintiff the price of beef supplied.
B. According to the reasoning of the judgment on the plaintiff's assertion, Gap's evidence Nos. 2 and 3 (including each number), although it is acknowledged that Eul received the sales statement of the above product transaction alleged by the plaintiff by mail and reported the purchase to the tax office corresponding thereto, it is not sufficient to recognize that D was the defendant's representative, and that the above beef transaction contract was concluded between the plaintiff and Eul, and there is no other evidence to prove otherwise.
Rather, according to the statements in Eul evidence Nos. 1 through 5 and witness D's testimony, D, a supplier of beef, presented a copy of the Defendant's business registration certificate issued by the Defendant to E, the Plaintiff's place of business, which was the Plaintiff's business. "C is not its own business operator but distributed goods, and therefore C is different from issuance of a tax invoice." After which D, it directly visited the Plaintiff's place of business, etc., and paid for beef directly to the Plaintiff.