1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person who manufactures and sells clothes under the trade name of “C”.

The defendant is a person who conducts the clothing manufacturing business at a factory located in China.

나. 여성의류를 판매하는 회사인 주식회사 쥬디첼리(이하 ‘쥬디첼리’라 한다)는 2010. 7. 15. 피고에게 4종의 여성복 제조를 위탁하는 계약(이하 ‘이 사건 계약’이라 한다)을 체결했다.

원고는 쥬디첼리의 피고에 대한 대금지급의무를 보증했다.

C. From October 27, 2010 to March 23, 2011, the Plaintiff remitted total of KRW 67,000,000 to the Defendant as contract deposit and material cost under the instant contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. Determination as to the cause of action

A. (1) The Plaintiff’s assertion (1) The Defendant did not supply women’s uniforms even after a long time has passed since the date of entering into the instant contract.

This is an implied expression of intent to cancel the instant contract. As such, the Defendant is obligated to return KRW 67,00,000 received from the Plaintiff as unjust enrichment and KRW 15,368,815 as well as the total transport cost of KRW 2,200,00,000 as the transport cost of KRW 84,568,815, which was paid by the Plaintiff on behalf of the Defendant.

(2) In the instant claim agreement by the Defendant, the Defendant agreed to receive material costs and discretionary processing costs by dividing them each time the process of manufacturing clothes is completed.

The defendant completed a considerable amount of 67,00,000 won received from the plaintiff, and only did not receive money from the mother bar, which is a material necessary for the following process, and did not receive a considerable amount of fee processing cost for the work performed.

B. The reasoning of the judgment below is insufficient to acknowledge that the instant contract was terminated only with the statement No. 4, and there is no other evidence to prove otherwise.

또, 원고 주장에 의하더라도 원고는 이 사건 계약의 당사자가 아니고, 쥬디첼리의 대금지급의무를...