1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is a person engaged in textile manufacturing business under the trade name of “F,” and the Defendant is a representative of the Codefendant C (hereinafter “C”) of the first instance court, which is a company engaged in business registration and manufacturing and selling textile products with the trade name of “D” (hereinafter “instant trade name”).

B. On July 11, 2014, after introducing the Defendant’s model E through G, the Plaintiff supplied a fiber yarn equivalent to KRW 47,010,340 (hereinafter “instant goods”).

C. On September 5, 2014, the Plaintiff received KRW 2,500,000 from the price of the instant goods in the name of “D”.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including each number, if there is a tentative number; hereinafter the same shall apply), 7 evidence, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff concluded a supply contract with the Defendant for the instant goods and supplied the instant goods, and the Defendant asserts that the Defendant is obligated to pay the Plaintiff the price of the instant goods unpaid to the Plaintiff.

The evidence submitted by the plaintiff is insufficient to recognize that the plaintiff and the defendant directly concluded a contract for the supply of the goods of this case only with the evidence submitted by the plaintiff, and there is no other evidence to acknowledge this otherwise, and

B. The plaintiff asserts that even if the plaintiff traded the goods of this case with the deceased E, the defendant is obligated to pay the price of the goods of this case that was not paid to the plaintiff pursuant to Article 24 of the Commercial Act.

1. The following circumstances acknowledged earlier, and each statement in Gap evidence Nos. 1 through 5, which can be acknowledged by comprehensively considering the overall purport of the pleadings, i.e., the plaintiff, under the name of "D, received KRW 2,500,000, which is a part of the price of the goods of this case, ii the defendant stated that he delegated the network E with the business schedule, and C.