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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is a person engaged in the steel materials installation business, etc. under the trade name of J, and the Defendant is a company with the purpose of steel materials wholesale business, etc.
B. On September 2014, the Plaintiff: (a) received communication from an unexplic person of the name misrepresentation, who was misrepresented as “F chief” of E Company E by telephone, to supply the 100 tons of the sn beam beam (100,000km; hereinafter “instant goods”) at the price of KRW 700 per kilogram; and (b) accepted it.
Accordingly, on September 11, 2014, the Plaintiff entered into a contract to purchase the 100 tons of the sn beam beam at the prices of 300 won per kilogramg from G, a company holding the sn beam beam, which was in possession of the sn beam beam by telephone (hereinafter “instant sales contract”), and on September 12, 2014, decided to visit the business place of G Co., Ltd. (hereinafter “instant business place”).
Then, the Plaintiff visited the shot beamline to the nameless person on September 12, 2014, because the shot beamline was in the instant business site, and called India.
C. On the other hand, on September 11, 2014, I received communication from a person who was misrepresented as “F chief” of E Company E by telephone to sell a 100 tons sn beam beam at the price of 300 won per 1 km.
Then, the nameless person visited I, because the sloping beamline is located in the business site of this case, he visited I on September 12, 2014 and called India.
On September 12, 2014, the Plaintiff visited the instant place of business on September 12, 2014, and heard that the shot beamline was scattered in approximately 2 km away from the instant place of business and the shot beamline from the person in charge of G (hereinafter “instant shotline”), and sought a statement that delivery would be made by weighing about 100 tons, and the person on the part of E, a corporation E, who would receive such delivery, made a clerical error.
The Plaintiff paid KRW 30,000,000 to G around that time.
E. After doing so, I visit the place of business of this case and purchased 100 tons of the sloping beamline from E to the Plaintiff.