1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

A. The Plaintiff is a company running a liquor wholesale business, and the Defendant is a person who operates a restaurant in the name of "C" in the Yeongdeungpo-gu, Young-si.

B. From April 24, 2013 through a business director D, the Plaintiff supplied alcoholic beverages, such as liquor and beer, to the Defendant by April 24, 201, and D had been employed as a business employee on various alcoholic beverages markets, instead of acquiring about 10% of the Plaintiff’s share in the Plaintiff’s company on October 201, the Plaintiff was affiliated with the business affairs of the Defendant and other business partners, on the condition that the Plaintiff transfers approximately KRW 180 million to the Plaintiff, including the attempted claim, ice, and freezing of the Plaintiff’s share.

C. The Plaintiff supplied alcoholic beverages ordered by D through D upon receipt of an order from the business partners including the Defendant, and D supplied alcoholic beverages to the business partners. D supplied the alcoholic beverages to the business partner by adding its profit to the ex-factory price (the price calculated by adding 6-7% profit to the price supplied by the liquor production company) of alcoholic beverages as determined by the Plaintiff, and deposited only the ex-factory price, excluding its profit, to the Plaintiff’s bank account after paying the alcoholic beverages.

D, however, around the end of April 2013, the amount of approximately KRW 40 million or KRW 50 million was not deposited in the Plaintiff’s bank account and retired from the Plaintiff Company without depositing it in the Plaintiff’s bank account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 2 through 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff alleged that the defendant did not receive 619,000 won of the liquor price from the defendant, and the defendant asserted that the defendant only traded with D and did not have any transaction relation with the plaintiff and paid the total amount of the liquor price supplied to D.

B. In a case where an actor who entered into a contract between the Plaintiff and the Defendant as to whether there was a supply transaction of alcoholic beverages has done a legal act under the name of another person, anyone of the actor or title holder.