1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. The Plaintiff is an agricultural partnership that engages in livestock product distribution business, and the Defendant is a person who engages in meat sales business under the trade name “B”.

B. From November 21, 2014, to June 19, 2015, the “Korea Livestock Products Wholesale and Distribution Center” operated by the Plaintiff Company’s “D Co., Ltd. Co., Ltd.” supplied the Defendant with beef equivalent to KRW 101,765,050 in total.

C. However, the defendant does not pay 35,265,050 won out of the supply price of the above beef, and therefore the defendant is seeking the payment.

2. Determination

A. According to the evidence evidence Nos. 1 and 2, the Plaintiff’s customer director stated that the Plaintiff’s transaction of supplying beef to “B” operated by the Plaintiff’s “PS branch office” was made by the Plaintiff’s “B”, and the said “PS” is recognized as the fact that the Defendant issued an electronic tax invoice to the Defendant from November 30, 2014 to June 30, 2015.

However, the above recognition alone is insufficient to recognize that the Defendant supplied beef to the “B” operated by the Defendant in the “B” branch office of the Plaintiff corporation’s “B”, and there is no other evidence to acknowledge otherwise.

B. Rather, comprehensively taking account of the descriptions in the evidence Nos. 1 and 2, and witness C’s testimony, it is recognized that C supplied beef to C, and C again supplied it to the Defendant (it cannot be recognized in light of the above evidence), and the Defendant did not file a purchase report using an electronic tax invoice received from the “Korea Stock Exchange Center” (it is alleged that C was granted the right to purchase beef by proxy, but it cannot be recognized in light of the above evidence).

Furthermore, at the first date for pleading, the plaintiff's employees and the defendant (including its employees) are concerned with the absence of any satisfy and face for beef transactions.