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. Basic facts

A. On October 14, 2014, the Plaintiff and the Defendant supplied the Defendant with goods, such as “Brererererererete block” and the Defendant concluded a sales contract with the intent to form a distribution network for the said goods and deliver the said goods to childcare centers, kindergartens, etc. (hereinafter “the instant sales contract”).

나. 원고는 2014. 10. 7. 피고에게 ‘쌤인브레인튜터’ 등 2,816,880원(부가세포함) 상당의 물품을, 같은 해 11. 3.부터 같은 달 26. 사이에 ‘브레인튜터’ 등 15,653,440원(부가세포함) 상당의 물품을 각 공급하였으나, 피고는 현재까지 원고에게 물품대금을 지급하지 않고 있다.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that the defendant is obligated to pay the total amount of 18,470,320 won (2,816,880 won) and damages for delay according to the contract of this case.

The defendant asserts that he is liable to pay the price for the goods sold to consumers among the goods supplied by the plaintiff pursuant to Article 5 (1) of the total sales contract of this case.

B. According to the statement in Gap evidence No. 2, it is acknowledged that Article 5 subparagraph 1 of the total sales contract of this case provides that the defendant shall pay the price for the goods supplied by the plaintiff to the plaintiff by the end of the following month. The purport of the above provision is to interpret that the defendant is an agreement to pay the price to the plaintiff by the end of the following month when he was supplied with the equivalent of the price for the goods sold to the third party among the goods supplied by the plaintiff.

Therefore, the amount of goods supplied to the defendant without any assertion and proof as to the amount equivalent to the price of goods sold to a third party among goods supplied by the plaintiff to the defendant.