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1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Basic facts
A. The Plaintiff is a company that runs the business of manufacturing leather products.
Defendant A is a representative in the registration of business of “C” as a leather products processing business entity.
B. Around August 2014, between the Plaintiff and the Defendant A, and when the Plaintiff supplied raw materials and medicine to the Defendant A, the franchise processing contract was concluded between the Defendant A and the Plaintiff to supply the raw materials and medicine to the Plaintiff by processing them as leather products (hereinafter “instant contract”).
[Ground of recognition] Facts without dispute, Gap evidence No. 8, Eul evidence No. 1, the purport of the whole pleadings
2. Determination as to the claim against Defendant A
A. The gist of the Plaintiff’s assertion 1) The Plaintiff entered into the instant contract with Defendant A, an operator of “C”, and supplied Defendant A with raw materials and medicine necessary for the instant contract. However, Defendant A requested the supply of raw materials and medicine, separate from the said contract, and the Plaintiff supplied Defendant A with raw materials and medicine equivalent to KRW 32,051,206 in total. However, as Defendant A paid only part of the above price, the Plaintiff is obligated to pay the remaining price of KRW 18,874,043, and delay damages therefrom. 2) Even if the parties to the instant contract for the clinical processing and raw materials and medicine supply are not Defendant A but Defendant B, Defendant A is liable to pay the unpaid price to the Plaintiff pursuant to Article 24 of the Commercial Act.
B. As to the first argument on the first argument of the judgment, the fact that the representative of the “C” was the Defendant from August 2014 to April 2015, that the Plaintiff requested the processing of leather to “C”, as seen earlier.
However, the evidence submitted by the Plaintiff alone entered into the instant contract with Defendant A.
It is not enough to recognize that he supplied raw materials and medicine to Defendant A.