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. Facts of recognition;

A. The Plaintiff Company is a wholesaler of alcoholic beverages, and the Defendant is a person who operates a restaurant in the name of “C” from the wife population B at the permissible time. The Defendant has been engaged in alcoholic beverage transactions with the Plaintiff Company by April 30, 2013 through D through the Plaintiff Company’s business director D.

B. D had been working as a business employee in a number of liquor wholesale markets, and around October 201, around 1000, around KRW 18,000, such as attempted bonds, ices, and freezings, against the customer instead of acquiring 10% of the Plaintiff’s shares in the Plaintiff Company, and had been employed in the Plaintiff Company as a condition that the Plaintiff Company transfer to the Plaintiff Company, and has been responsible for the business of the Defendant and other customers.

C. The transaction and collection method of the Plaintiff Company: (a) fixed price with a profit of 6-7% from the liquor producer is set at the ex-factory price; and (b) if sales employees such as D receive an order of alcoholic beverages from the customer, the Plaintiff Company supplied alcoholic beverages to the customer through D and other sales employees; and (c) sales employees such as D, etc. supplied the ordered alcoholic beverages to the customer, and immediately received payment by the liquor card or the sales employees received money directly from the customer or transferred them to the sales account in the Plaintiff Company’s account after being transferred to the sales partner’s account.

D, however, the Plaintiff Company did not deposit the amount of approximately KRW 40 million to KRW 50 million, among alcoholic beverages paid by the Customer around April 2013, and the amount of KRW 50 million to the Plaintiff Company.

[Ground of recognition] Facts without dispute; Gap evidence 1 to 5; Eul evidence 1 to 3; Eul evidence 1 to 3; Eul's testimony and the purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff company did not receive an amount equivalent to KRW 1,638,600 for alcoholic beverages from the defendant, and the defendant made a transaction with D, and it is against the plaintiff company.