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.

1. Basic facts

A. The Plaintiff is a person who imports and sells top mushrooms, etc. while operating an enterprise called “D” in Kimpo-si, Kimpo-si, and the Defendant (Appointed Party; hereinafter referred to as “Defendant”) is a person who actually runs export and import business in the name of “F Trade Company” in Yeongdeungpo-gu, Seoul, Seoul, the name of the Defendant’s wife, the name of the “F Trade Company”, and H is a parent of the Defendant and the appointed Party G.

B. The Plaintiff had ordered the Defendant to sell goods by importing and supplying them for a considerable period of time between the Defendant and the Defendant operating a “FF trading company” until April 2013.

The Defendant, in trading with the Plaintiff, received KRW 40 million from the Plaintiff on February 23, 2012, and KRW 10 million on April 3, 2012 from the Plaintiff, as a passbook in the name of H, and respectively, transferred to the passbook in the name of Selection G on April 5, 2012.

On December 17, 2012, the transaction between the Plaintiff and the Defendant was terminated on December 17, 2012, and the Defendant’s transfer of KRW 10 million to the Plaintiff on April 26, 2013.

C. Around April 2015, the Plaintiff filed a lawsuit seeking payment of KRW 50 million for a loan, claiming that he/she lent KRW 50 million to the Appointor H, but subsequently withdrawn the said lawsuit on September 1, 2015, immediately after the Appointor’s receipt of the written response, and filed the instant lawsuit claiming the return of the price for the goods against the Defendants on October 14, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 4-2, Gap evidence 6-2, Gap evidence 16-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendants asserted that the Plaintiff’s assertion 1 agreed to supply the corresponding goods upon receipt of the payment from the Plaintiff.

Accordingly, the plaintiff paid the price for goods to the defendants or paid the import clearance cost on behalf of the defendants, and the defendant paid the price for goods corresponding to the above money.