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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of premise;
A. The Plaintiff did not become an export-import corporation, such as herb drugs, but became aware of through B, but became an import-sale business for the rise of India, and the Defendant was supplied with the rise of India through B as an individual entrepreneur operating a food processing business company “C”.
B. On November 11, 2013, from November 2, 2013 to November 2, 2014, the Defendant remitted total of KRW 31,50,000 to B (see, e.g., specific details). B remitted to the Plaintiff KRW 2,850,000 on November 26, 2013, and KRW 5,70,000 on December 19, 2013 (=2,850,000) to the Plaintiff.
2,850,00 won on November 2, 11, 2013 20,850,000 won on the date of remittance from the date of remittance to the date of remittance: 2,850,00 won on November 27, 2013; 2,850,000 won on November 12, 2014; 50,000 won on November 13, 2013; 2,850,000 won on November 30, 2013; 2,850,00 won on the date of remittance to the date of remittance to the date of remittance; 31,50,000 won on the aggregate; 31,50,50,000 won on the date of remittance to the date of remittance to the date of remittance to the date of remittance; 31,50,000 won on the basis of overall pleadings to the extent of 15,2013 won;
2. Determination
A. On November 9, 2013 to December 11, 2013, the Plaintiff supplied the Defendant with a total of KRW 31,943,750 on the rise in India over a period between November 9, 2013 and December 20, 2013, but the Plaintiff sought payment of KRW 8,550,00 (=2,850,000 x 3) from the Defendant on three occasions, and accordingly, the Plaintiff sought payment of KRW 23,393,750 (=31,943,750-8,550,000).
In this regard, the defendant asserts that the parties to the contract for the rise in India are B, not the plaintiff, and that as long as the price is paid in full to B, the plaintiff's claim cannot be accepted.
B. The plaintiff should prove that there was a continuous supply contract between the plaintiff and the defendant on the rise in India. Considering the premise and the whole purport of testimony and pleading by witnesses B of the first instance trial, the evidence presented by the plaintiff alone is the rise in India that Eul supplied to the defendant.