1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. C is a representative in the name of an individual company that collects and sells scrap metal, etc. with the trade name of “G,” and C’s spouse B is the actual operator of the above company.

B. Around April 18, 2017, the Defendant and C drafted a sales contract for goods (Evidence A No. 1-1) stating that “The Defendant sells any scrap metal, etc. generated in the course of removing a factory building located in the Daejeon-gu Seoul Metropolitan GovernmentO to C” without setting the purchase price.

C. On April 28, 2017, the Defendant: (a) specified the terms and conditions of the above sales contract; (b) entered into a contract with C to sell scrap metal, etc. generated in the process of removing the building of the said factory at KRW 15 million (Evidence A-2; hereinafter “instant sales contract”); and (c) B jointly and severally guaranteed the obligation under the instant sales contract.

From April 7, 2017 to May 23, 2017, the Plaintiff remitted the total amount of KRW 124 million to the account in the name of C over six times, and the Defendant received full payment from C and B around May 23, 2017.

[Ground for Recognition: Unsatisfy, Gap evidence 1, 2, 3, 10

(2) Each entry and the purport of the whole pleading

2. The plaintiff's assertion

A. Although the actual purchaser of the instant sales contract was the Plaintiff, the Defendant sold part of the goods such as scrap metal sold to the Plaintiff to the third party twice.

Therefore, since the Defendant did not perform its duty to deliver goods, etc. to the Plaintiff according to the instant sales contract, the Defendant is liable for damages due to nonperformance.

B. The Defendant, in collusion with B and C, acquired money from the Plaintiff without intent to deliver the goods, etc. according to the instant sales contract, and thus, is liable for tort liability.

3. Determination

A. (i) If an actor who enters into a contract did a legal act under the name of another person, the actor or the title holder.