1. The plaintiff's appeal is dismissed.

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

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

1. The parties' assertion

A. The Plaintiff entered into a supply contract with the Defendant directly through C, which is the original broker, and paid KRW 10,875,000 to the Defendant. As the quality of the original contractor supplied by the Defendant is poor, the Plaintiff returned the original work to the Defendant and received a refund of the original work price.

Therefore, the defendant is obligated to pay 3,875,000 won for the remainder of the original cost, excluding 7,000,000 won already returned to the plaintiff, and the damages for delay.

B. The original seller who the Plaintiff contracted through the Defendant C is not the Defendant.

The defendant only lent the passbook under the name of the defendant to D at the request of D, and the defendant is not obligated to return the original price to the plaintiff.

2. Determination

A. The following circumstances acknowledged by Gap's confirmation of the party to the contract, Eul's testimony, and the purport of the whole pleading of witness D of the party to the contract are as follows: (i) the plaintiff was to purchase the original contractor upon Eul's recommendation and negotiated specific contract terms, such as the quantity of the original contractor to purchase, unit price, etc., with C; (ii) the actual supplier was not aware of the original supplier; and (iii) the plaintiff did not negotiate with the original supplier with the terms of the contract; and (iv) the plaintiff notified Eul of the defective quality of the original contractor when the quality of the original contractor of this case arises; and (iii) it appears that Eul was to sell D's original contractor to the plaintiff on behalf of the original supplier; and (iv) it would have received certain fees from D, it is reasonable to deem that the contract constitutes a consignment business operator under the Commercial Act selling the original contractor's name in lieu of the original supplier's entrustment. Accordingly, the plaintiff is obligated to directly bear the obligation to directly contract the original supplier.

. Commercial Act;