1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. The Plaintiff asserted that the Plaintiff entered into an order manufacturing contract with C, the father of the Defendant, for a mobile house of KRW 15.3 million, and remitted KRW 10 million out of the price to the deposit account in the name of C and the Defendant, the representative of the business owner.

However, since C did not perform its obligations under the above contract and the Plaintiff rescinded the above contract, the Defendant is obligated to pay the Plaintiff the above KRW 10 million and the delay damages therefor.

2. According to the purport of the evidence Nos. 1 and 2 as well as the entire pleadings, the Plaintiff and C may acknowledge the fact that, on May 29, 201, the Plaintiff entered into an order manufacturing contract for a mobile house with KRW 15.3 million, and the Plaintiff remitted the total amount of KRW 10 million to the deposit account under the Defendant’s name on May 29, 201 and June 9, 201.

However, the above facts and the response of the order of submission of tax information to the director of the tax office at the branch of this court are insufficient to deem that the defendant is a partner of C, or the defendant has granted the right of representation to C as to the conclusion of the above order manufacturing contract, and there is no other evidence to

In addition, there is no evidence that the defendant was the representative of the mobile-type housing production company in the name of the defendant C.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted, and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.