1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. In order to operate a restaurant together, the Defendant and B registered their business under a joint name on April 24, 2014 on May 1, 2014 and on May 1, 2014.

(hereinafter the above restaurant is referred to as “instant restaurant”). B.

On April 25, 2014, the Plaintiff entered into an agreement with B to supply the entire quantity of alcoholic beverages to be sold in the instant restaurant (hereinafter “instant liquor transaction agreement”) and agreed to lend KRW 20,000,000 as the name of the instant restaurant’s operation and facility funding, etc., and to receive installment payments from May 25, 2014 (hereinafter “instant loan agreement”).

On the same day, the Plaintiff transferred KRW 20,000,000 to the national bank account under B’s name.

C. At the time of concluding the instant liquor transaction agreement and the instant loan agreement, the Plaintiff submitted a business registration certificate (name: name: one person other than B, and one joint business proprietor: the Defendant) under the joint name B with the Defendant, and did not verify whether the right of representation regarding the conclusion of the instant loan agreement was against B.

B on May 29, 2014, from the Daegu Bank account in the name of B opened for the operation of the restaurant of this case, B remitted the amount of KRW 2,00,000 out of the said borrowed amount to the Plaintiff’s account.

E. The Plaintiff supplied alcoholic beverages to the instant restaurant from May 2014 to September 2014.

F. On July 9, 2014, the name of the instant restaurant was changed from the name of the Defendant and B to the Defendant’s sole name.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, 8, 9, 10, Eul's 1 (including branch numbers, if any) and the purport of the whole pleadings

2. The plaintiff's assertion

A. B made an agreement and a loan agreement with the Plaintiff under the name of the Plaintiff “C”. It was clear that the Defendant is the Defendant’s agent.

(b) B shall constitute a partnership agreement or with the consent of at least 2/3 of its members.