1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The parties' assertion

A. On October 22, 2015, the Plaintiff sold at KRW 81,000 per 1 1,000 per 1,50 (21 kg per 1,00, 200 per 1,00 per 21 1,00 per 1,00 of the Han River cultivated by the Plaintiff to the Defendant.

(hereinafter “instant contract”). Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 4,455,00 (=5 55 x 81,000) and damages for delay.

B. In the course of supplying lectures to Defendant Suppression Agricultural Partnership (hereinafter “Corporation”), the Defendant had the neighboring farmers, including the Plaintiff, helps to sell the vegetation they produced, together with the Plaintiff, to the corporation. If the corporation has transferred the proceeds of the growing transactions to the Defendant’s account, the Defendant merely took advantage of the convenience of supplying the lecture, such as immediately transferring the proceeds to the relevant farmer.

Therefore, the purchaser of the contract of this case is a corporation, and the defendant is not a party to the contract of this case.

2. Determination

A. In full view of the following circumstances acknowledged by the overall purport of the statements and arguments by Gap's evidence Nos. 1, 2, and Eul evidence Nos. 1 through 3, 5, 7, and 14 (including serial numbers; hereinafter the same shall apply), it is reasonable to view that the defendant, as alleged by the defendant, does not simply provide convenience to purchase lectures from neighboring farmers, but rather purchased lectures from neighboring farmers, including the plaintiff, and sold them to a corporation.

① The Defendant, with the trade name of “C”, engaged in the Do and/or retail business, and the Plaintiff delivered the instant monthly lectures to the freight truck article, which was contacted by the Defendant, and received the invoices from the Defendant.

② Although the Defendant only supplied a corporation with 24,727,00 won in the year of 2015, the Defendant filed a claim for the payment of goods against the corporation under the Daegu District Court-dong Branch 2016Kadan20565 on March 7, 2016, “the Defendant is a corporation in 2015.”