1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

1. The parties' assertion

A. The Plaintiff’s assertion as to the cause of the claim supplied the Defendant a set of KRW 67,461,90 in total and KRW 67,461,90 from January 2014 to February 2014 according to the goods supply contract concluded with the Defendant’s agent, which was concluded with C.

However, the defendant paid only KRW 38,905,530 to the plaintiff, and did not pay the remainder of KRW 28,556,370 to the plaintiff.

Therefore, the Defendant is obligated to pay the remainder to the Plaintiff KRW 28,556,370 and delay damages.

B. The defendant's assertion that he did not engage in the original transaction with the plaintiff.

The plaintiff sold the original team to C, the original wholesaler, and the defendant purchased the original team from C.

However, as C was unable to issue a tax invoice to the Plaintiff and the Defendant due to its default, even if there was no goods transaction relationship between the Plaintiff and the Defendant in order to secure the Plaintiff’s sales data and the Defendant’s purchase data, only the Plaintiff issued a tax invoice to the Defendant.

Tax invoices issued by the Plaintiff are those on the originals sold to C from 2011 to 2013.

2. Determination

A. The Plaintiff as a representative of the Defendant and the Defendant submitted evidence Nos. 1 through 5 as evidence that the Plaintiff was the direct counter-party of the Plaintiff.

However, in light of the following circumstances acknowledged by Eul's description of evidence Nos. 1 through 6 and the purport of the entire pleadings, it is difficult to believe that evidence Nos. 4 and 5, which seem to conform to the plaintiff's assertion, are not sufficient to recognize only the statement of evidence Nos. 1, 2 and 3, and there is no other evidence to acknowledge it.

① The Plaintiff received the original amount from C’s parent D’s account by means of telebanking, etc., and the Defendant paid the original amount by the same way as the above D’s account.

However, the Defendant did not directly pay the original amount to the Plaintiff.

② The Plaintiff is the Defendant.