The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff runs wholesale and retail business, such as boiler and dried machine, with the trade name of “C,” and the Defendant runs the business of manufacturing and selling the machinery of “E” used for building, etc. agricultural and fishery products (hereinafter “E”) under the trade name of “D,” and “D” is a company established by “F and its son,” on July 4, 2016, for the purpose of selling the instant machinery.

B. On July 11, 2016, the Defendant: (a) indicated the supplier as the Defendant and the contractor as H; and (b) entered into a national total sales contract with the supplier to sell the instant machinery to the contractor when the supplier produces and supplies the instant machinery to the contractor; (c) as at the time of the Plaintiff’s representative director, G, his father, F, and the Plaintiff’s husband I, as the contractor, signed and sealed the instant total sales contract with G’s representative director G, and the Plaintiff’s husband, as the contractor, signed and sealed the instant total sales contract, respectively; and (d) additionally signed, sealed, or sealed the Plaintiff’s representative director G as the contractor.

C. At the time of the instant sales contract, if the contractor deposits KRW 50 million to the supplier by July 11, 2016, the contract is underway, and the contract is concluded upon deposit of KRW 50 million by October 30, 2016. The Plaintiff, upon request of I, remitted KRW 50 million to the Defendant upon receipt of the request of I on July 1, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the parties’ assertion is that at the time of the instant sales contract, the Plaintiff entered into a sales contract with the Defendant as a general sales agency separate from D, and paid the Defendant a down payment of KRW 50 million, and thereafter, on October 20, 2016, the Plaintiff terminated the instant sales contract with the Defendant through I through I, as well as on October 20, 2016 at the time of the instant sales contract.