1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is operating a restaurant with the trade name “C” in Guro-gu Seoul Metropolitan Government.

B. On July 31, 2013, the Plaintiff and the Defendant prepared a written agreement on transactions with the following contents and signed or sealed each of them.

(2) The Plaintiff shall pay the price in cash on the 10th, 20th, and 30th of each month, and the Defendant shall pay 50 million won in advance to the Defendant to secure this.

3) The transaction period is from August 2013 to August 2014. 4) The Defendant acting for the Plaintiff’s logistics, and the Plaintiff bears the responsibility for the outstanding amount, and the Plaintiff pays 1.5 million won to the Defendant as a subsidy for the delivery engineer’s payment as of the end of each month.

C. On July 31, 2013, the Plaintiff paid KRW 10 million to the Defendant with a deposit, and subsequently paid the remainder of KRW 40 million.

On October 21, 2013, the Plaintiff notified the Defendant of the termination of the instant contract on the ground that “after entering into the instant contract with a third party and did not supply goods to the Plaintiff,” and sent content-certified mail demanding the return of KRW 10 million already paid, which reaches the Defendant around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 3 through 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1 was obligated to supply the goods to the plaintiff under the contract of this case, and the plaintiff cancelled or cancelled the contract of this case on this ground. Thus, the defendant is obligated to pay the plaintiff 10 million won and damages for delay with the return of restitution or unjust enrichment.

Even if the contract of this case was concluded for the transaction with the defendant, D is the plaintiff.