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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a person raising spaws and supplying them to slaughter companies, and the Plaintiff is a non-party C Co., Ltd. (hereinafter “C Co., Ltd.”) and the Defendant is a corporation established for the purpose of original spaws.
B. Around January 2012, between the Plaintiff and C Co., Ltd., the original consignment breeding contract (No. 1; hereinafter referred to as the “instant agreement”) with the content that the Plaintiff raised the moth by being entrusted with the moth from C Co., Ltd. and then deliver it to C Co., Ltd.
C. The Plaintiff did not receive the 68,362,030 won of the 68,362,030 won, even though the Plaintiff raised and supplied the vegetable sat.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 3, and 9 and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. From January 2012 to September 23, 2013, the Plaintiff asserted that: (a) the Plaintiff supplied kids and feed from the Defendant to raise them; and (b) supplied them to the Defendant, the Defendant did not pay KRW 68,362,030 to the Plaintiff.
Accordingly, the Plaintiff sought payment of the above raising cost against the Defendant who is the actual party to the instant agreement, and ② even if the Defendant is not recognized as the contractual party, and even if C Co. is recognized as the contractual party, the Defendant is a de facto identical corporation, and thus, the Defendant is obligated to pay the above raising cost to the Plaintiff
B. Determination 1) According to each of the evidence Nos. 5 through 7 (including paper numbers, hereinafter the same) as to the parties to the instant agreement, D and E, the representative director of the C&C, are married couple. D are the defendant's director. The defendant purchased the feed from the new feed, etc. of the C&C and supplied the plaintiff with the name of the defendant. The defendant issued and delivered the Defendant's order for the original delivery" under the name of the defendant, and the defendant sent the original carriage to the plaintiff.