1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. B leased the sales and painting-only shop in D (hereinafter “instant workplace”) from the representative of Gwangju Northern-gu CD (hereinafter “D”) (hereinafter “instant workplace”) (from February 1, 2014 to January 31, 2019, deposit KRW 130 million) without having registered a separate business and has been awarded a contract for the maintenance of sales and painting to E.

B. The Defendant, who had worked in another rearrangement company at the time, proposed that the instant place of business be operated by B, and thereafter, the Defendant was a vice president at the instant place of business from August 1, 2014 to July 31, 2015.

C. The Plaintiff is a company that runs wholesale and retail business, such as a car paint and paper sales business.

On February 2014, the Plaintiff began to supply an automobile paint, etc. to the instant workplace on the Defendant’s introduction or request, and thereafter, the amount of credit goods supplied to the instant workplace until August 2016 reaches KRW 59,18,640.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 3, 4, 8, Eul evidence Nos. 1, 2, 11, and 14, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The party to the instant goods transaction asserted by the Plaintiff is the Defendant.

In other words, the defendant entered into a partnership relationship with B, and has overall control over the operation of the workplace such as employment of employees and credit transaction.

The defendant deposited the proceeds into the passbook of the defendant, and directly remitted the proceeds from the proceeds to the customer, including the plaintiff's price of the goods.

The Plaintiff recognized the Defendant as a trading party from February 2014 to supply paint, etc. to the instant workplace.

However, the amount of goods to be claimed by the Defendant is limited to the amount of the period during which the business relationship with the Defendant was maintained (i.e., the outstanding amount by July 31, 2015 50,412,630).

B. Defendant’s assertion is not a party to the instant goods transaction.

In other words, the defendant was employed by B, and only work together with B, and this case.